H-1B Cap-Gap Extension Authorization Until October 1
Duration of status (D/S) and work authorization will be extended for a student on OPT, who is the beneficiary of a timely filed H-1B petition requesting an employment start date of October 1 of the following fiscal year. This would apply to all students on OPT, not just STEM students. Please be advised that the extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student's behalf.

Information regarding new 29 month OPT rule (17month extension)
Many students have recently asked our office about the new 29 month OPT rule, which allows certain students to apply for a 17-month extension following their initial 12-month OPT period (a total of 29 months of OPT).  The Department of Homeland Security just posted a copy of the rule on Friday, April 4, 2008, and it will become effective when it is published in the Federal Register, which is expected to happen on Tuesday, April 8, 2008.

Because this rule is so recent, schools around the country are still receiving new information and clarifying details from the government regarding the course of action students and schools should take.  At this point, there is no established application procedure to apply for the 17-month extension.  We will be sure to notify students of any important updates to the process.

At this time, we can confirm the following information.  In order to apply for the 17-month extension of OPT, a student MUST:

- Be currently participating in a 12-month period of OPT, already working for a U.S. employer in a job directly related to his/her major area of study, AND

- Have a job offer from an employer registered with the E-Verify employment verification system, AND

- Have successfully completed a bachelor’s, master’s, or doctoral degree in a field on the Department of Homeland Security’s STEM (Science, Technology, Engineering, Mathematics) Designated Degree Program List


There are a number of important things for students to be aware of concerning the information above:

- This new rule only applies to students who are currently on OPT. 

- Students cannot ask for 29 months up front on an initial OPT application

- VERY FEW employers are registered with and utilize the E-Verify system.  The E-Verify system allows employers to use an electronic I-9 form for all employees.  Click here for more information:  E-Verify.

- The STEM Designated Degree Program List includes only the majors listed at the end of this email.  If a student’s I-20 does not have one of these majors listed in #5, he/she is NOT eligible to apply for the 17-month extension following his/her initial 12 months of OPT.


We hope this information was helpful and answered many of the questions students may have about this new rule.  We will work very closely with students who are eligible to apply for the extension once the process is clarified by the government.


Thank you,
The Staff at International Student Services