Page 26 - Handbook for Employers - Guidance for Completing Form I-9

List A in Section 2: a nonimmigrant’s F-1 student status would ordinarily
• EAD document title; end and their H-1B status begins. If you employ an F-1
nonimmigrant student in OPT and you timely filed
• EAD document number; an H-1B petition for that student, they may be able to
• Date the EAD expired in the expiration date space; continue working beyond the expiration date on their
and OPT EAD (Employment Authorization Document, Form
• “180-day ext.” in the Additional Information field. I-766) while waiting for the start date of an approved or
pending H-1B petition.
The expired EAD with an endorsed Form I-20 is
acceptable until USCIS makes a decision on the student’s There are two types of cap-gap extensions:
application, but for not more than180 days from the
date the student’s initial OPT EAD expires. Employment 1. Extensions of F-1 status only (without OPT).
authorization must be reverified after 180 days from the
date the EAD expires to continue employment. If a student is in F-1 status when you file an H-1B
petition with an October 1 start date, but the student
Acceptable Forms I-20 for STEM OPT students must have is not currently participating in OPT, the student will
all Employment Authorization fields completed. These fields receive a cap-gap extension of their F-1 status, but will
include: employment status, employment type, start and not be authorized to work until USCIS approves the
end date of employment, and the employer’s name and H-1B petition and the H-1B status begins on October
location. 1.

Employers have specific responsibilities when providing 2. Extensions of F-1 status and OPT.
practical training opportunities to STEM OPT students.
Some employer responsibilities include: If a student is in F-1 status when you file an H-1B
petition with an October 1 start date and is currently
• Enrolling in E-Verify and remaining in good
standing before employing an F-1 STEM OPT participating in post-completion OPT, they will receive
student. an automatic cap-gap extension of both their F-1
student status and their authorized period of post-
• Implementing a formal training plan to augment completion OPT . If the H-1B petition is selected
the student’s academic learning through practical and remains pending or is approved, the student will
experience. remain authorized to work as an F-1 student with OPT
• Completing the employer’s portion and certifying through September 30.
Form I-983, Training Plan for STEM OPT Students.
• Reporting to the DSO and updating Form I-983 if The following documents establish identity and
there are any changes to or material deviations from employment authorization for Form I-9 purposes for
the student’s formal training plan. students who have had their status and employment
• Reporting to the DSO when a student’s employment authorization extended through cap-gap:
is terminated for any reason before the end of the
authorized extension period. • Expired EAD; and,
• Form I-20 endorsed by the student’s DSO
Additional employer requirements and information recommending the cap-gap extension.
on an employer’s responsibilities are available at
studyinthestates.dhs.gov. These documents are acceptable through September 30
of the year in which the employer filed the H-1B petition
Cap-Gap unless the H-1B petition is rejected, not selected, denied,
revoked or withdrawn before October 1.
F-1 students who seek to change to H-1B status
may be eligible for a cap-gap extension of status and To verify employment authorization in Section 2 or
employment authorization through September 30 of the conduct reverification in Section 3 during the cap-gap
calendar year for which the H-1B petition is being filed,
but only if the H-1B status will begin on October 1.
The term cap-gap refers to the period between the time

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