H-1B Modernization Rule Issued; Changes in F-1 OPT/STEM OPT – H-1B Cap Gap Authorization Among Other Updates

H-1B Modernization Rule Issued; Changes in F-1 OPT/STEM OPT – H-1B Cap Gap Authorization Among Other Updates

The U.S. Department of Homeland Security recently finalized the remaining provisions of the H-1B Modernization Act first introduced in October 2023.  Certain provisions related to the H-1B cap were implemented in March 2024, and on December 18, 2024 the remaining provisions were published in the Federal Register to go into effect on January 17, 2025.

The Act includes components such as a revision of the definition of H-1B specialty occupation, requirement that the employer demonstrate the relationship between the offered position and the required degree,  codification of the USCIS policy of deference to prior adjudications, and others.

The Act also modifies the F-1 OPT “Cap-Gap” validity period for a timely filed and pending H-1B cap lottery-subject application from October 1 to as late as April 1 of the next calendar year to give F-1 students continued work authorization while an H-1B petition for change of status is pending. Normally the Cap-Gap validity period would end on September 30 if the H-1B petition is still pending with USCIS and a student would be required to stop working until the H-1B petition is approved (but no later that April 1 of the following year — when the new H-1B cap lottery filing period begins).

For full details, please read the full Federal Register notice here.

If you have any questions about H-1B filing, please contact your H-1B sponsoring employer and/or a qualified immigration attorney.

If you have questions about the OPT/STEM OPT – H-1B Cap Gap period and employment authorization, please contact your ISO Advisor.