Students with workauthorization under OPT (optional practical training) whose H-1B has beenchosen under the cap are eligible for cap-gap work authorization. Manystudents graduating from US colleges and universities with degrees in physicaltherapy, occupational therapy, speech language pathology, medical technology,and other allied health professions are eligible for OPT and work on OPT aftergraduation.
When the student isapproved for OPT, the student receives an employment authorization document(EAD). This is a plastic card, much likea driver’s license, which shows the student’s photo and biographic information. An OPT EAD Card is pictured here:
The validity dates of theOPT work authorization are listed near the bottom of the card. In the case above, the student’s OPT workauthorization expires on July 14. Assuming this student’s H-1B petition has been selected under the H-1Bcap, the student is eligible to apply for cap gap work authorization to extendhis OPT work authorization from July 15 to October 1 when the H-1B begins.
The cap gap extension isnot automatic. The student shouldpresent the H-1B receipt notice showing his/her H-1B has been selected to theinternational student office at his/her school. The school will issue anew I-20 to the student showing the OPT has been extended to October 1. Employers should use this new I-20 tore-verify the student’s I-9 work authorization through October 1.