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Important: These Rules Are Not Currently in Effect

The DHS final rule described on this page is not currently in effect. The rule was scheduled to take effect on September 15, 2026, but a federal court issued a nationwide preliminary injunction blocking its implementation.

The existing F-1 and J-1 regulations, including the Duration of Status (D/S) framework, remain in effect. The information on this page explains the final rule as published and the changes that could apply if the rule is later permitted to take effect. See the latest Current Status update.

 

F-1 OPT and STEM OPT Under the New Rules

The basic purpose of Optional Practical Training has not changed: eligible F-1 students may still apply for post-completion OPT and, when eligible, the STEM OPT extension.

What has changed is the relationship between employment authorization and the student's authorized period of stay. Under the fixed-admission system, some students seeking OPT or STEM OPT will need an Extension of Stay using Form I-539 in addition to Form I-765. Special transition protections apply to certain students who were admitted for D/S before September 15, 2026.

Special transition rule through March 18, 2027

An F-1 student who qualifies for the D/S transition provisions and timely files a Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027 generally does not have to file Form I-539 solely to cover the requested OPT/STEM OPT period.

This is a temporary transition provision and applies only to eligible transition students.

If your OPT application is already pending on September 15

A transition student whose timely filed Form I-765 for post-completion OPT or STEM OPT is already pending with USCIS on September 15 does not need to file a new I-539 simply because the new rule becomes effective.

If USCIS approves the application, the student's F-1 period under this transition provision generally continues through the EAD expiration date plus the transition 60-day departure period.

OPT applications filed through March 18, 2027

For eligible transition students:

  • A post-completion OPT applicant who timely files Form I-765 on or before March 18, 2027 generally does not need a separate I-539 for the requested OPT period.
  • A STEM OPT applicant who timely files Form I-765 before the current OPT EAD expires and on or before March 18, 2027 generally does not need a separate I-539 for the requested STEM OPT period.

DHS may extend this temporary provision, but students should not assume that it will be extended.

After the transition period

Students who are not covered by the special transition exception may need both:

  1. Form I-765 for employment authorization, and
  2. Form I-539 for an Extension of Stay when the requested OPT or STEM OPT period extends beyond the student's current authorized admission.

IPO will provide the required SEVIS recommendation and Form I-20 when the student is eligible. The student remains responsible for properly and timely filing required applications with USCIS.

International travel can change the analysis

Travel is especially important for transition students.

If a transition student leaves the United States before filing the OPT or STEM OPT Form I-765, the student will generally receive a fixed Admit Until Date upon reentry and will lose eligibility for the special six-month transition exception. That may mean both Form I-765 and Form I-539 are required.

A transition student who travels after filing the I-765 may also be readmitted under the new fixed-admission framework, with the new AUD based on the pending recommended OPT end date or approved EAD end date, as applicable.

Because travel timing can change which rules apply, contact IPO before international travel if you are preparing an OPT or STEM OPT application or have an application pending.

Grace periods after OPT

Students covered by the original D/S transition provisions may retain the legacy 60-day departure period in qualifying circumstances.

Students admitted under the new fixed-date framework generally have a 30-day departure period following completion of the applicable program or practical-training authorization.

Whether a transition student retains the 60-day period after particular immigration actions can be complicated, so students should confirm their individual situation with IPO.

Planning OPT? Start with IPO

Do not rely only on general filing timelines you may have used in the past.

The combination of your program end date, I-94, transition status, travel history, OPT filing date, and requested employment dates may determine whether an additional Extension of Stay filing is required.