Starting from January 17, 2025, the United States Department of Homeland Security (DHS) has implemented a new H-1B policy that may directly impact those planning to transition from an F-1 student visa to an H-1B work visa this year.
This new H-1B policy introduces changes to the “Cap-Gap extension” for eligible F-1 students, extending the deadline from the previous October 1st to the following year’s April 1st. The policy will come into effect starting from the fiscal year 2026 H-1B registration period and applies to F-1 students who are beneficiaries of timely filed H-1B cap petitions.
The “Cap-Gap” refers to the gap period between the end of an F-1 student’s academic program (or Optional Practical Training, OPT) and the start of their H-1B work status.
To prevent students from losing their legal status during this period, the Department of Homeland Security previously allowed students with timely filed H-1B petitions to automatically extend their F-1 status and work authorization, but the extension was only until October 1st each year.
Now, eligible F-1 students can receive an automatic extension of their F-1 status and work authorization until April 1st of the fiscal year in which the H-1B petition is filed. This new regulation aims to provide international students with more flexibility and prevent disruptions in legal status or work authorization due to delays in immigration processing times.
To qualify for a Cap-Gap extension update, students must meet the following conditions:
If the H-1B petition is denied, withdrawn, rejected, or revoked, the Cap-Gap automatic extension will immediately terminate. In this case, foreign students will not be allowed to work in the U.S. under F-1 status and will have a 60-day grace period to prepare for departure.