In a move to address recent USCIS processing delays and to provide greater stability for F-1 visa holders, a new rule has been introduced that extends the work authorization period for certain individuals. Previously, F-1 students who presented an Employment Authorization Document (EAD/Form I-766) with category codes C03B or C03C, along with a Form I-797C receipt notice for an H-1B petition, would see their OPT/STEM OPT EADs extended until October 1 of the same calendar year. Under the updated rule, these individuals will now have their EADs extended through April 1 of the following calendar year.

This extension addresses growing concerns over delays in processing H-1B petitions and EAD renewals, which have left many F-1 visa holders with gaps in employment authorization. USCIS has cited a need for this change in response to increasing EAD filings, spiking petition volumes, and other circumstances that affect processing times.

Given that some EAD processing times now extend beyond fourteen months, USCIS advises applicants to submit their EAD renewal applications up to 180 days in advance of expiration. This new extension period provides critical relief to F-1 students and H-1B petition beneficiaries, ensuring they can continue to work while awaiting the adjudication of their petitions. The change also aims to mitigate the effects of the “cap-gap,” which historically leaves around 26,961 petitions unadjudicated by the beginning of each fiscal year, creating a significant gap in employment authorization.

This extended period not only helps alleviate the current backlog but also reflects USCIS’s commitment to enhancing the reliability of the process for future applicants.