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PerplexityAnybody following F1 duration of status 2026 update, OPT changes 2026 initiatives, and the general trend of STEM OPT investigations has been spending September monitoring the “on-time,” “delayed” flip-flopping of the departure board. A regulation by the Department of Homeland Security (DHS) terminating unlimited “duration of status” entry for F, J, and I nonimmigrants was set to be effective from September 15, 2026. However, on the previous day, a federal court in Massachusetts ruled out a national injunction delaying the regulation until further litigation.
This delay does not close the case. Fee proposals and reforms are being processed in the regulatory process, and there are OPT-to-H-1B proposals that have their own proposed cost increment.
Status snapshot (as of September 24, 2026): Duration of Status (D/S) regulation is delayed, not vacated. The current D/S system is in effect until further court rulings.
Read More: Is O-1 Possible After F-1? 2026 Strategy for International Students with Strong Evidence
F1 Visa Rule Changes: What’s Changing About D/S?
“Duration of status” has traditionally been used by F-1 visa holders since their admission into the United States for a number of years, but the latest DHS Final Rule will end the duration of the status model and replace it with fixed admissions periods for academic students, exchange visitors, and foreign information/media representatives. It is said to be an initiative meant to combat student visa misuse.
| Issue | Current D/S (in effect now) | Final rule (postponed) |
| Admission period | No fixed end date on I-94 | Through the I-20 program end date, not to exceed 4 years; the program end date may be earlier |
| Departure period | 60 days | 30 days |
| More time needed | Program extension through the Designated School Official (DSO) | Extension of stay requested from USCIS |
| Graduate program changes | Generally permitted | No changes in educational objective or transfers during the program, except SEVP-approved extenuating circumstances |
| Second degrees | Generally permitted | No new degree at the same or a lower level than one already completed |
| Students already in D/S | Not applicable | Transition procedures would move them to a fixed period of stay |
The September 14 Court Order
A preliminary injunction was granted by Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts in case Presidents’ Alliance on Higher Education and Immigration, et al. v. U.S. Department of Homeland Security, et al., Civil Action No. 26-13799-FDS, pursuant to 5 U.S.C. § 705. It suspends the effect of the rule until a final decision in the litigation, and it affects the rule as a whole and not just the plaintiffs. NAFSA is one of the plaintiffs in that case, together with universities and labor unions.
The rule has not been vacated by the court, so it may go into effect at a later stage of the proceedings. If an appeal is filed by the government, the schedule will be altered rapidly.
How Do OPT Changes 2026 Affect STEM OPT?
The Fixed Admission requirement does not get rid of Optional Practical Training. Instead, it alters the circumstances and extension processes for OPT, which, as we see it, poses the greatest danger for timing purposes at first post-completion OPT.
| Scenario | What the rule would change | Timing risk (our assessment) |
| Post-completion OPT | An approved extension of stay would be needed before engaging in OPT after program completion | Higher: the current 180-day automatic extension does not generally apply to initial OPT |
| STEM OPT extension | The 24-month extension continues; current USCIS guidance gives timely filers a 180-day employment-authorization extension | Lower while the application is pending |
| Transition relief | A six-month reprieve after the rule takes effect from filing an extension of stay when applying for post-completion or STEM OPT | Applies only once the rule becomes operative |
The four-year cap is a maximum period of admission, but it does not mean that the beneficiary will have four years of OPT/STEM OPT work. The relationships between the Forms I-539 and I-765, along with the program completion date and the start of the EAD should be verified in USCIS guidelines.
STEM OPT Scrutiny Beyond the D/S Rule
The “Optional Practical Training Fees” rule proposal from the Department of Homeland Security (DHS) was finished by the White House regulations on September 11, 2026, although it is not even a final rule and does not have an official date of publication yet. Numbers as high as $100,000 have been reported in some media reports, but since an amount has never been officially announced, any amount cannot be considered valid until this proposal is actually published. The regulatory agenda also contains a future practical training rule proposal, but the dates in the agenda are only goals and no proposal exists as of yet.
The next rule following OPT is under review as well. The “Fee for Certain H-1B Petitions” proposed rule is a DHS rulemaking to impose a $103,265 fee on certain cap-submitted H-1B petitions, including, as proposed, certain petitions for beneficiaries in the United States (see how the proposed fee compares with EB-1A costs).
International Student Visa 2026: Should You Worry?
Panic is unwarranted, but attention is needed. At present, the majority of cases of status discrepancies are caused by failure to meet deadlines, excessive unemployment, and work authorization issues rather than deferred D/S rule.
- Unemployment limits. First-time post-completion OPT has a 90-day unemployment allowance, and the STEM OPT extension has another 60 days for 150 days in total. As of May 2025, SEVP sent a notification to OPT students with employers who had not been entered in SEVIS that the agency would mark their records as “terminated” in 15 days after sending a letter.
- Guidance on CPT. A new DHS guidance document released in August 2026 concerning curricular practical training prompted some schools, among which was the University of Pittsburgh, to suspend processing of CPT requests pending further review of the guidance.
Keep your I-20, EAD, and SEVIS employment information updated, and file for OPT immediately once your filing window opens. While traveling internationally, consult your DSO or immigration attorney about your plans.
How Does This Connect to the OPT to EB1A Pathway?
However, the hard reality is that the vast majority of graduate students do not qualify for EB-1A upon graduation and no policy change helps in this respect. 2026 will change the attractiveness of a green card option that is independent of the employer sponsorship, lottery, and timing of the OPT process.
Why EB-1A Draws Attention Now
EB-1A is a petition filed using I-140 form, which doesn’t need any job offer or labor condition. Nevertheless, the applicant should prove that he/she intends to continue working in his/her field of expertise. The suggested price for H-1B visa cannot be used when applying for I-140, whereas EB-1A entails some fees to be paid. In accordance with 8 C.F.R. § 204.5(h)(3), the applicant is supposed to show that he/she received an international award only once or meet three out of ten criteria.
An approved I-140 does not provide a student with any automatic right to status or employment authorization, and it is imperative for them to have their status in F-1, OPT, or any other capacity until they are granted lawful permanent resident status, depending on visa availability in the countries of their origin. The filing or approval of an immigrant petition is not, by itself, a sufficient reason to change F-1 status. But it could pose a problem of intent for nonimmigrants.
Evidence Strategy Before Graduation
In the case of scholars, some of the important criteria could be scholarly authorship, judging (like peer review), significant contributions, and important roles. Evidence Strategy is the process of gathering evidence through the impact that you make, which includes citations in other scholarly works, the use of your methods by other researchers, and being invited to review articles in academic journals since the USCIS is more concerned about the quality of the evidence that you generate than the amount of it.
FAQs
DHS finalized a regulation that replaces duration of status with a fixed admission period, but a federal court stayed it nation-wide on September 14, 2026, so D/S is still in place for the time being.
If the regulation takes effect, the F-1 admission period will be limited by their program end date on the I-20, not exceeding four years, and a departure period of 30 days rather than 60. Graduate students will be restricted from transferring, changing their educational objective, and obtaining same-level second degrees.
Until this point, the previous OPT and STEM OPT procedures will still stand. With the implementation of this rule, initial post-completion OPT is expected to be riskiest for timing.
This is because the approval of extension of stay will be required prior to post-completion OPT, with a grace period of six months after implementation. Those who timely file for STEM OPT retain the 180-day work authorization extension from now on.
Status gaps can happen but they occur mostly through restrictions on unemployment, reporting problems, and processing issues.
Initial post-completion OPT permits a period of 90 days for unemployment while STEM OPT extends the same period by another 60 days
The EB-1A petition is a self-petition and doesn’t involve any employment sponsorship at all, which is significant because both the OPT and H-1B options become more costly. The EB-1A petition is an extremely stringent one that cannot be met by most graduates.
The EB-1A petition will need either one major award or three out of ten requirements along with a merit review. It will help you to be ready for an eventual petition if you start building up your case early on.
Plan Around the Rule, Not the Headline
Regardless of how the litigation is resolved, clean status history and strong documentation of impact will be important.
As a graduate student, post-doc, or beginning researcher who is considering an alternative path, set up a meeting with EB1A Experts to evaluate your current evidence position.
Disclaimer: This article reflects information as of September 24, 2026, and is not legal advice. Regulations, litigation, and fees change frequently; confirm current requirements with USCIS, your DSO, or an immigration attorney before acting.
October 1, 2026 
