Title: Understanding Optional Practical Training (OPT) and Cap-Gap for EAD holders and potential H-1B Visa Applicants
STEM:
- Optional Practical Training (OPT) is a post-completion work permit for graduates of US universities and is issued for 12 months.
- If the student majored in a STEM field, they will be eligible for an additional 24 months of STEM OPT.
Cap-Gap:
- Students whose OPT expires in the spring or summer and who have been sponsored for the H-1B visa are eligible for the so-called “cap-gap” – permission to extend their OPT through September 30 so that there is no gap in their employment while they are switching from OPT to the H-1B visa. CMC must have timely filed an H1-B petition on their behalf to answer Yes.
- If the employee was not sponsored for the H-1B visa this year, then they are not eligible for the cap-gap (answer would be NO). However, if they are entered into the H-1B lottery next year, are selected, and an H-1B petition is filed for them, they will be eligible for the cap-gap then.