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

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