What is the H-1B “Cap Gap?”
It is a provision made law on April 8, 2008, which benefits F-1 students who are sponsored for an H-1B by cap-subject employers.
Most students are aware that the U.S. government makes a limited number of H-1B’s available each year, or in other words, they put a “cap” on the number available. For those working for cap-subject employers, the applications for these cap-subject H-1B’s may be submitted as early as April 1 each year, but if they are accepted do not become effective until the following October 1.
There are exceptions for certain employers who are not subject to the cap. These exceptions are called “cap exempt.” They include higher education, certain non-profits related to or affiliated with higher education, and certain non-profit or governmental research organizations. If an H-1B petition will be submitted for you by any such institution, then the “Cap Gap” does not apply to you and the rest of this packet is not relevant to your situation.
