SEVP F-1 Cap-Gap Fact Sheet For Employers

March 26, 2009 Download pdf

SEVP prepared this fact sheet for F-1 students to give to their employer to explain the nature of the H-1B cap-gap extension of optional practical training (OPT). The fact sheet explains what the cap-gap is, and how the regulations grant an automatic extension of OPT to a student whose employer has filed a cap-subject H-1B petition. It also explains that a student does not receive a new EAD to cover the cap-gap extension period. Finally, the fact sheet explains how a student can obtain an updated Form I-20 from his or her school, but clarifies that an updated Form I-20 is not required for a student to continue working, noting that "it merely serves as proof of the extension of OPT employment authorization."