New cap-gap rules

As the H-1b lottery/cap filing season is underway, many employees that are working on OPT or STEM OPT will be taking advantage of the cap-gap rules which generally allow a person that was chosen in the H-1b lottery and who has timely filed a petition to continue working until Oct 1st even though their EAD card has expired. Last week, new cap-gap procedural rules were released by ICE changing how schools will update SEVIS records. If you are in charge of updating I-9’s in cap-gap scenarios, check this new rule out.

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