International students on an F-1 study visa looking to switch their status to an H-1B non-immigrant work visa could benefit from the flexibilities outlined in the proposed H-1B modernization rules released on Friday night.
Upon completing their qualifications, international students eligible for Optional Practical Training (OPT) can work for one year. Those in STEM (science, technology, engineering, and mathematics) fields can extend this period for an additional two years, totaling three years for STEM students.
Many individuals participating in OPT programs are sponsored for the H-1B work visa by the organization where they undergo training. The term "cap-gap" refers to the period between an international student's F-1 status ending and their H-1B status beginning.
Currently, if the H-1B application is filed on time, students can continue working beyond their OPT employment authorization document's expiry date while waiting for an approved or pending H-1B application's start date (October 1). However, if the application isn't processed by October 1, the student must stop working.
New York-based immigration attorney Cyrus D. Mehta stated that the proposed rule extends the cap-gap protection period from September 30 to April 1 of the following calendar year. In other words, the proposal provides an additional six months of status and employment authorization.
According to the Open Doors Report for the year 2021-22, there were 199,000 Indian students in the US, with 68,188 participating in OPT programs. If finalized, this proposal will prevent a lapse in immigration status, ensuring work continuity while waiting for a change to H-1B status. However, the proposal is subject to federal review and may take several months to finalize.
