HOW TO DOCUMENT AN EAD ‘CAP-GAP’ EXTENSIONS IN TRACKER

This guide shows how to create or update an I-9 for a student employee with an Optional Practical Training (OPT) Employment Authorization Document (EAD) Form I-766, who qualifies for an automatic work authorization extension based upon timely filed Form I-129 petition for H-1B change of status (see Background Information below for more details).

It is important to note that the way the I-9 is updated depends on certain factors:

• Whether the employee is a new hire completing a new I-9 or an existing employee needing to update their existing I-9.
• Whether the I-9 was created within Tracker I-9 Complete or is a historical record imported into Tracker.
• The section in which the employee’s previous work authorization was documented.

NOTE: This guide does NOT describe Temporary Protected (TPS) Status EAD extensions. Please see the TPS Auto Extension guide for how to process these extension types.

To update the I-9 for an existing employee when the previous I-9 was created within Tracker I-9 Complete, take the following steps:

1. Click the Additional Documents dropdown in List A.
   

2. From the selector that appears, choose "EAD Cap Gap" and click the Continue with Selected Document(s) button.
   

3. Ensure the EAD document information is entered correctly. The Additional Document fields will expand and allow the I-9 Manager to input both the Form I-797C Receipt Number for the Form I-129 Petition and Reverification Due Date.
   

4. The I-9 Manager should enter the Form I-797C Receipt Number for the Form I-129 petition, which is typically three letters followed by ten digits. As a reminder, the I-129 petition must be filed and accepted by USCIS during the acceptance period while the student’s authorized F-1 duration of status admission was still in effect to be considered timely filed.

5. Reverification Due Date requirements: 

   1. Ensure the Reverification Due Date is on or after today’s date and does not go beyond April 1 of the next calendar year. The value for YYYY depends on when Section 2 is completed.
      Refer to the table below for how the due date is assigned based on Section 2 completion:

      Section 2 Completed/Signed Date	Reverification Due Date
      Jan 1, 2025 – Mar 31, 2025	Mar 31, 2025
      Apr 1, 2025 – Mar 31, 2026	Mar 31, 2026

      An error validation message “The Reverification Due date must be on or after the current date and cannot be later than the next April 1st” displays when the selected date is outside the valid Cap-Gap timeframe.
      Additionally, if an I-9 Manager enters a Reverification Due Date value of April 1st, the system will display the following message:
      “The EAD Cap-Gap provides the employee with an extension of status and work authorization through March 31 of the calendar year following the year the employer filed Form I-129, Petition for Nonimmigrant Worker (H-1B petition). You entered a different date. Click Yes to confirm the date entered or click No to reset to the date.”
      
      Yes: The system will accept the date.
      No: The system will automatically set the Reverification Due Date back to March 31 of the current or next calendar year, based on Section 2 or Section 3 timing (03/31/ [Current/Next Year]).
      

   2. The Additional Information text field in Section 2 auto-populates with the text “Section 2 CAP-GAP (03/31/[Current/Next year])".
      

   3. When the I-9 Manager updates Section 3, the Additional Information text field will auto-populate with “Section 2 CAP-GAP (03/31/[Current/Next year])".
      

   4. If the I-9 Manager changes the date to 04/01/2026, the Additional Information box will populate with: “CAP-GAP (04/01/2026)”.
      

6. Click Save to finalize and sign off the changes.
7. The employer must reverify the employee’s employment authorization in Section 3 once they receive a decision from USCIS.

When creating a new I-9, take the following steps:

1. After the employee completes Section 1, select the List A document type Employment Authorization Document (I-766).
   

2. Select the “EAD Cap Gap” from the List A – Additional document. 
3. Click Continue with Selected Document(s) button.
4. Click information icon to view the Description in the “Select List A Additional Document” - EAD Cap Gap modal.
    

5. Follow the set of instructions in this guide that describe updating an existing I-9 created in Tracker I-9.

To update the I-9 when the previous I-9 was imported into Tracker, please take the following steps:

1. Navigate to Historical I-9 Section 2 or Section 3 for the employee who qualifies for CAP-GAP extension.
2. Update the Additional Information textbox with the text: “Section 2 CAP-GAP (03/31/[YYYY])”, be sure to enter the correct Reverification Due Date.
   
3. To update Section 3, enter the following in the Additional Information textbox: “Section 3 CAP-GAP (03/31/[YYYY])”.
4. Click Save and sign off on the changes.
5. Navigate to the Summary tab and update the Reverification Status module. Be sure to enter a Reverification Due Date of March 31 for the current or next calendar year based on eligibility.
   

6. The employer must reverify the employee’s employment authorization in Section 3 once a decision is received from USCIS.