Foreign students will face new deadlines for remaining in the country, and some may need to apply for an extension to complete Optional Practical Training (OPT) or STEM OPT.
Beginning September 15, the United States will change a long-standing immigration rule that has allowed foreign F-1 students to remain under “duration of status,” commonly known as D/S.
The Department of Homeland Security’s final rule replaces the F-1 duration of status system with fixed admission periods for the F, J, and I categories.
F-1 students are noncitizens admitted primarily to study at authorized academic institutions. Until now, many received an I-94 marked D/S instead of one listing a specific expiration date.
Under the new rule, people admitted through the fixed-period system will receive an authorized stay linked to their program, generally not exceeding four years, plus the applicable period to prepare for departure.
For F-1 students subject to the new fixed-admission system, DHS reduces the period for leaving the US or maintaining another lawful status from 60 to 30 days after completing their studies or training.
Certain F-1 students who are lawfully present under D/S as of September 15 will retain the 60-day period associated with their previous admission during the transition.
The rule’s effective date does not mean that every student currently admitted under D/S will automatically receive a new I-94 on September 15.
The rule states that certain F and J visitors who are lawfully present under D/S when it takes effect may continue under transitional provisions until the applicable end date of their program or authorization, subject to the maximum period established by the rule.
Students covered by the transition do not need to immediately modify their I-94 to replace D/S with a fixed expiration date.
The situation may change if they leave the United States. Students who travel during the transition and are subsequently readmitted will be subject to the new system and receive an I-94 with a fixed expiration date.
OPT allows certain F-1 students to obtain temporary work experience related to their field of study. STEM OPT provides an additional extension for eligible graduates in science, technology, engineering, and mathematics.
The new rule does not eliminate either program.
However, when a student’s authorized admission period does not cover the time needed to complete OPT or STEM OPT, the student may need to apply for an extension of stay in addition to the corresponding employment authorization.
DHS also establishes an important distinction for students who travel.
A student covered by the transition who leaves the US before applying for post-completion OPT or STEM OPT and is later readmitted for a fixed period will need to file both Form I-765 and Form I-539.
On September 15, USCIS will publish the 09/15/26 edition of Form I-765, which is used to apply for employment authorization.
USCIS warns that there will be no grace period for using the previous edition.
F-1 students should carefully review their I-94 and confirm how long they are authorized to remain in the United States before applying for OPT or STEM OPT or traveling internationally.
WARNING: This information is educational and does not constitute legal advice. How these rules apply depends on each person’s immigration circumstances. Students with questions about OPT, STEM OPT, travel, or extensions of stay should consult their institution’s international student office and, when appropriate, a qualified immigration attorney.
You May Be Interested In: USCIS Form I-765 Change: Old Work Permit Applications Will Be Rejected
SOURCE: USCIS I-765, Application for Employment Authorization
