
According to the American Immigration Lawyers Association (AILA), the Department of Homeland Security (DHS) final rule eliminating Duration of Status (D/S) for F, J, and I nonimmigrants will take effect on September 15, 2026. The rule introduces several changes that may affect international students, particularly those planning to use Curricular Practical Training (CPT), Optional Practical Training (OPT), or STEM OPT after completing their studies. For international students, the timing of these changes matters. A mistake in planning an OPT application, maintaining status, or continuing employment could affect the amount of time a student is authorized to work in the United States.
The new rule does not immediately end currently authorized CPT. However, it changes several rules that may affect future CPT and F-1 students’ ability to change their educational plans.
Among the changes highlighted by AILA are:
These changes make it especially important for students to understand how their academic plans and immigration status fit together. One of the most important changes concerns post-completion OPT. Under the new rule, the period for filing an initial OPT application will change from:
90 days before program completion through 60 days after completion
to:
90 days before program completion through 30 days after completion.
Students will still need a new Form I-20 with the OPT recommendation from their Designated School Official (DSO) before filing Form I-765 with USCIS. For students approaching graduation, this means that waiting too long to prepare an OPT application could create unnecessary problems.
The new rule also creates additional considerations when a student’s Admit Until Date (AUD) expires before the end of the student’s authorized OPT period. According to the AILA, students may need to extend their AUD either by filing Form I-539 with USCIS or by traveling outside the United States and seeking readmission under the applicable requirements.
DHS recommends filing an extension application at least 180 days before the AUD expiration date. Students considering international travel while a Form I-539 is pending should be particularly careful because travel can affect the pending application. This is an area where timing and individual circumstances can make a significant difference.
Could Processing Delays Affect OPT?
Potential processing delays are another important concern. Students applying for OPT or STEM OPT may face situations in which USCIS requests evidence related to a pending Form I-539. If the I-539 and I-765 processes take too long, the student’s available OPT period could potentially be reduced, premium processing is currently not available for Form I-539 extension-of-status applications, and DHS has not committed to making it available in the future. For students planning their transition from school to employment, this makes early preparation particularly important.
Not every work authorization rule is changing, the existing 180-day automatic extension for STEM OPT remains in place for qualifying students who timely file for their 24-month STEM OPT extension while their initial OPT employment authorization is expiring or has expired. However, students whose immigration documents do not cover the STEM OPT period may still need to address their status separately through travel or a Form I-539 application. With the September 15, 2026 effective date approaching, F-1 students should review their individual situation rather than assume that the new rules will affect everyone in the same way.
Students approaching graduation or planning to use OPT or STEM OPT should consider:
There is an important transition provision for certain students already in the United States.
According to AILA, students who are maintaining F-1 status in the United States on September 15, 2026, may be eligible to apply for post-completion OPT without filing a Form I-539 extension-of-status application if they apply by March 18, 2027. The specific transition rules should be reviewed carefully before relying on this provision.
At Zhang-Louie PLLC, our team handle U.S. immigration matters with careful attention to the specific facts and goals of each client. For international students and professionals, that means looking beyond a single form or deadline and considering how each immigration step fits into the larger plan. As the September 2026 changes approach, understanding the new rules early can help F-1 students make informed decisions about OPT, STEM OPT, employment authorization, and their long-term immigration options in the United States.
This article is for general informational purposes only and does not constitute legal advice. Immigration rules can change, and the application of these rules depends on the individual circumstances of each case.
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