DHS published a final rule on July 17, 2026 that will replace the current F-1/J-1 Duration of Status (D/S) framework with fixed periods of admission. The rule is scheduled to take effect on September 15, 2026. As of August 15, 2026, the current D/S rules remain in effect. The final rule contains transition provisions for people already in the United States, so it should not be summarized as every current student automatically receiving the same new four-year admission period. Additional USCIS implementation guidance should be checked before making status, travel, program-transfer, or extension decisions.
Curricular Practical Training (CPT) Rules
CPT is alternative work/study, internship, or cooperative education authorized by your university DSO (Designated School Official) under your F-1 visa. It must be directly related to your major field of study and be an integral part of an established curriculum.
Post-Completion OPT Timeline (12 Months)
Standard Optional Practical Training (OPT) grants up to 12 months of employment authorization post-graduation. Timing your application is critical:
You may file Form I-765 for post-completion OPT up to 90 days before your program end date. USCIS processing times vary, so do not rely on a fixed 2–3 month processing estimate.
Your Form I-765 must be properly filed no later than 60 days after your program end date, and it must also be filed within 30 days of the date your DSO enters the OPT recommendation in SEVIS.
During post-completion OPT, you may not accrue more than 90 aggregate days of unemployment. Exceeding the permitted unemployment limit means you are no longer maintaining F-1 status; it should not be described as the automatic cancellation of the visa stamp itself.
STEM OPT Extension (24 Months)
If you are an eligible F-1 student on post-completion OPT and timely and properly file Form I-765 for the 24-month STEM OPT extension, you may continue working after the current EAD expires until USCIS makes a written decision or 180 days after the current post-completion OPT EAD expires, whichever comes first, subject to the applicable federal rules.
STEM Extension Compliance Rules:
| Requirement | Rule Details |
|---|---|
| Employer E-Verify | Your employer must be enrolled in and remain in good standing with the federal E-Verify database. You must include their E-Verify ID on your I-765 form. |
| Form I-983 Training Plan | You and your employer must sign a detailed training plan (Form I-983) and submit it to your school's DSO. Do not mail Form I-983 to USCIS—the DSO reviews it to issue your new STEM I-20. |
| Filing Window & 60-Day DSO Rule | Timely Filing Mandate: Your STEM OPT Form I-765 must be properly filed within 60 days of the DSO's STEM OPT recommendation in SEVIS and no later than the expiration of your current post-completion OPT authorization. A late or otherwise improper STEM filing may be denied and does not qualify for the STEM automatic employment-authorization extension. |
| Unemployment Buffer | STEM OPT grants an additional 60 days of unemployment, raising your total allowable limit to 150 days over the 36-month period. |
Follow the current USCIS Form I-9/M-274 instructions for the employee's exact filing and reverification situation.
🛡️ Understanding the H-1B "Cap-Gap" Extension
• OPT Expires Before October 1: If you qualify for cap-gap because of a timely filed cap-subject H-1B petition requesting change of status and an October 1 start date, qualifying F-1 status and, where applicable, employment authorization may automatically extend until October 1 unless the extension is terminated earlier.
• OPT Expires During the Grace Period: If the H-1B petition is filed after the student has entered the 60-day grace period, F-1 status may receive the cap-gap extension, but employment authorization is not extended because the student was not employment-authorized when the H-1B petition was filed.
Travel Warning: Travel during cap-gap is fact-specific. If the approved H-1B petition includes a valid change-of-status approval and the student seeks readmission before H-1B employment begins, USCIS says travel may be possible. If the change-of-status request is still pending when the student departs, the change-of-status portion is treated as abandoned and the student may need to seek an H-1B visa abroad.
⚡ F-1 OPT Premium Processing (Form I-907) & Timeline Rules
If your eligible Form I-765 is pending, you may request Premium Processing (Form I-907) while the case remains eligible for premium processing. The premium-processing timeframe is an expedited USCIS adjudicative-action service and does not guarantee approval or delivery of a physical EAD by a particular date.
- USCIS Fee: $1,780 for eligible F-1 OPT / STEM OPT Form I-765 cases, effective March 1, 2026.
- Premium Processing Timeframe: 30 business days for eligible Form I-765 cases. The service guarantees qualifying adjudicative action, not approval.
- EAD Production & Delivery: USCIS must still produce and mail the physical EAD after approval. Production and mailing time can vary, so no fixed 7–14 day delivery promise should be used.
- Job-Start Planning: Do not promise a particular start date based solely on premium processing. Build a case-specific buffer for USCIS adjudication, possible RFE/NOID activity, EAD production, and mail delivery.
How to Upgrade a Pending OPT Application:
- Sign in to your myUSCIS Online Account if filing the request electronically, or follow the current USCIS I-907 filing instructions for the eligible filing method.
- Identify the pending Form I-765 that is eligible for premium processing.
- File Form I-907 for the pending I-765 and pay the current premium-processing fee.
- Use the current USCIS fee schedule and I-907 instructions; for F-1 OPT/STEM OPT I-765 cases, the premium-processing fee is $1,780 as of March 1, 2026.
- The premium-processing timeframe is measured under USCIS's current 30-business-day rules and can be affected by an RFE, NOID, or other qualifying event. It is not a guaranteed approval or guaranteed EAD-delivery date.
Important I-9 / STEM OPT Scope Notes
A timely STEM OPT filing does not itself create an unrestricted new EAD. The automatic employment-authorization extension applies only while the qualifying STEM application is pending and ends at the earlier of the USCIS written decision or the applicable 180-day limit.
For Form I-9, employers must follow current USCIS M-274 and I-9 Central instructions. STEM OPT documentation can involve the expired EAD, the DSO-endorsed STEM Form I-20, and the applicable filing evidence; employers should not impose documentation requirements beyond the legally permitted I-9 process.
Once the automatic extension ends, the employer must reverify employment authorization using the current Form I-9 rules. If a new valid EAD or other acceptable employment-authorization document is presented earlier, the employer follows the applicable reverification procedure.
Frequently Asked Questions (FAQ)
Have questions about CPT, post-completion OPT timelines, or STEM Form I-9 rules?
⬆️ Refer to FAQ Section Above• ICE SEVP STEM OPT Hub: studyinthestates.dhs.gov/stem-opt-hub
• USCIS Form I-765 Portal: uscis.gov/i-765
• USCIS Form I-907 Premium Processing: uscis.gov/i-907
International Money Transfer & FX Rates
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Remote CPT/OPT Work & Codebase Protection
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