Earlier today, U.S. Citizenship and Immigration Services released the text of a rule scheduled to go into effect in January 2025 that modifies many aspects of the H-1B process. One such modification is an increase of the CAP-GAP extension period. Currently, F-1 visa holders who present an Employment Authorization Document (EAD/Form I-766) showing category code C03B or C03C and a Form I-797C showing that a Form I-129 (H-1B petition) has been filed on their behalf will have their EADs extended until October 1 of that same calendar year.

Under the new rule, these individuals will have their work authorization extended through April 1 of the following calendar year. The increase of this extension accounts for recent delays in processing times and resulting gaps in employment authorization.

Source: Federal Register

Posted: December 17, 2024

All Rights Reserved © 2024 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.