STEM Field: Proposed H-1B rule: Helping international students navigate cap-gap

MUMBAI: International students on an F-1 (study visa) seeking to change their status to a H-1B (non-immigrant work visa) stand to gain from the flexibilities in proposed H-1B modernisation rules, released on Friday night.
International students on completion of their qualification and eligible for an optional practical training (OPT), this is for one year and students hailing from the STEM(science, technology, engineering and mathematics) field of study get an additional extended tenure of two years.In other words, for STEM students, theOPT program period is three years.

Several individuals undergoing OPT are sponsored for the H-1B work visa by the organisation where they are undergoing such training. The term cap-gap refers to the period between the time an international student’s F-1 status ends and the H-1B status begins.

At present, if the H-1B application is filed in time, they can continue working beyond the expiry date on their OPT employment authorization document, while waiting for the start date (October 1) of an approved or pending H-1B application. However, if the application is not processed by October 1, the student must stop working as of this date.

New-York based immigration attorney, Cyrus D. Mehta told TOI that the proposed rule provides a longer cap-gap protection period. The period stands extended from September 30 to April 1 of the following calendar year. In other words, the proposal provides up to an additional six months of status and employment authorisation.

As per the Open Doors Report, for the year 2021-22, the number of Indian students in the US was 1.99 lakh. Further, 68,188 Indian students were engaged in OPT programs. The proposal will be of immense help as it will avoid lapse in immigration status, which can have serious consequences and also ensure work continuity while awaiting a change to H-1B status. However, this proposal will undergo the federal review process and may take several months to finalise.