Title: Understanding Optional Practical Training (OPT) and Cap-Gap for EAD holders and potential H-1B Visa Applicants

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.

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. If the employee was not sponsored for the H-1B visa this year, then they are not eligible for the cap-gap. 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.

If the employee does not need the cap-gap this year, you can answer No in Equifax and E-Verify.