OPT Filing Exemption for Duration of Status Students Under New Fixed Period Rule

DHS ends 'Duration of Status' for F-1 students on September 15, 2026, implementing fixed 4-year caps and a temporary OPT filing exemption through March 2027.

August 2026 Visa Bulletin
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Key Takeaways
  • DHS will replace Duration of Status with fixed end dates for F-1 students starting September 2026.
  • A temporary exemption allows one-step OPT filing for eligible students until March 18, 2027.
  • The F-1 departure grace period will be reduced from sixty days to thirty days.

The Department of Homeland Security published a final rule July 17, 2026, replacing Duration of Status admissions for F-1 students with fixed end dates and creating a temporary OPT Filing Exemption for some students already in the United States.

The rule takes effect September 15, 2026. Students currently admitted for D/S who timely file for post-completion OPT or STEM OPT on or before March 18, 2027, will not need to submit a separate Form I-539 with their employment authorization application.

OPT Filing Exemption for Duration of Status Students Under New Fixed Period Rule
OPT Filing Exemption for Duration of Status Students Under New Fixed Period Rule

That transition period preserves the existing one-step filing process for eligible students. Under the permanent system, students who need to remain in the country beyond their fixed admission date for OPT would generally submit both Form I-765 and Form I-539.

Free toolOPT Timeline Calculator Online

The exemption has an end date. DHS may extend it in additional six-month increments, but the initial period runs through March 18, 2027.

Todd M. Lyons, acting director of U.S. Immigration and Customs Enforcement, said the agency had identified more than 10,000 fraud cases connected to OPT. He made the statement at a May 12, 2026, press conference.

“OPT has become a magnet for fraud. We have identified more than 10,000 cases of fraud in the system. more actions are forthcoming to ensure the integrity of our programs.”

The rule, titled “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,” also covers J and I nonimmigrants. DHS said the changes would strengthen oversight and help officials assess whether people in those categories are maintaining status during their temporary stays.

F-1 admissions will carry program-based end dates

Beginning September 15, F-1 students will receive admission for the length of the program listed on their Form I-20, capped at four years. The change replaces the earlier system, under which students generally remained admitted while they continued meeting program requirements.

The new framework also changes what happens after a program ends. The F-1 departure grace period will fall from 60 days to 30 days.

The date on a student’s admission record will become central. If the fixed “Admit Until Date” expires and no extension remains pending, unlawful presence will begin accruing the next day.

Rule elementPrevious frameworkNew framework
Admission periodD/SLength of program on Form I-20, capped at four years
F-1 departure grace period60 days30 days
Post-expiration consequenceD/S flexibilityUnlawful presence begins the next day if no extension is pending
OPT transition filing deadlineExisting filing processMarch 18, 2027, for eligible students

Students in programs lasting more than four years, including some PhD candidates, will need to file Form I-539 with U.S. Citizenship and Immigration Services to remain in the United States. The process adds fees and biometrics requirements.

International travel can change the transition benefit

The temporary filing relief generally ends when an eligible student travels internationally and returns under the new fixed-admission framework. After reentry, the student may no longer be able to file for OPT without submitting Form I-539 at the same time.

That creates a practical difference between students who remain in the United States during the transition and those who leave. The exemption is tied to the student’s existing admission status.

Employers will also need to track expiration dates more closely. The previous D/S flexibility no longer supplies an open-ended admission period, so employers of OPT and STEM OPT workers must monitor the dates shown on employees’ I-94 records.

The Department of Homeland Security said the rule would provide “additional protections and oversight” for the affected nonimmigrant categories. The agency also said officials would gain a better way to evaluate whether students, exchange visitors and foreign media representatives were maintaining status.

Universities and students face added extension decisions

NAFSA Executive Director and CEO Dr. Fanta Aw criticized the change on July 17, 2026. She called the policy shift misguided and unnecessary and objected to placing academic extensions before an immigration system that already faces heavy demands.

“Requiring students and scholars to seek approval to extend their academic program. places life-changing educational decisions in the hands of an already overburdened immigration system.”

The transition affects a large international student population. Approximately 140,000 Indian students were on OPT during the 2024–25 academic year, according to the Open Doors 2025 report.

Those students are among the largest groups positioned to encounter the temporary filing rules. Their filing date, admission record and travel history will determine whether the one-step process remains available.

The first deadline arrives six months after implementation

Students seeking post-completion OPT or STEM OPT under the exemption must file on or before March 18, 2027. The rule’s effective date, September 15, 2026, starts the implementation period, while the March deadline marks its initial close.

Students with longer academic programs will still need the extension process when their admission period ends. That means submitting Form I-539, paying the required fees and completing biometrics rather than relying on the temporary OPT transition.

DHS published the final rule in the Federal Register on July 17, 2026. It also issued quick facts on eliminating D/S and a USCIS alert on the fixed admission periods.

People also ask

Answers from VisaVerge guides
What is the new rule regarding F-1 and J-1 visa holders' duration of status?

The DHS Final Rule replaces the long-standing Duration of Status policy with a fixed admission period capped at four years for F-1, J-1, and I visa holders.

Read: DHS Final Rule Ends Duration of Status, Prompting Brain Drain of Foreign Scientists
How does the proposed rule change the current duration of status (D/S) policy for F-1 and J-1 holders?

The proposal would replace the long-standing D/S policy with a fixed four-year limit on most international student visas and research scholar stays.

Read: BU Expands Opposition to DHS Four-Year Visa Limit Proposal
What changes are DHS proposing for the OPT system?

DHS proposals point toward stricter employer checks, more Form I-983 scrutiny, stronger SEVP monitoring, and a possible shift away from the long-used duration of status (D/S) model.

Read: How DHS OPT Overhaul Could Impact Indian Students in the U.S.
What is the current status of the Optional Practical Training (OPT) program for F-1 students as of 2025?

The Optional Practical Training (OPT) program, which allows F-1 students to work in the US after graduation, is at risk of being eliminated due to new US visa policies.

Read: Going to USA No Longer a Dream for Indians After Trump Era
What is the proposed fixed period of admission for F and J students under DHS's new rule?

Under DHS's proposed rule, students would receive a fixed period of admission—no more than four years—to finish their program.

Read: Trump Says U.S. College System Could Fail as International Arrivals Decline
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Priya Nair

Priya Nair is VisaVerge.com's Work Visa Correspondent, specializing in employment-based immigration — H-1B, L-1, O-1, TN, OPT, and the PERM and green-card process. She breaks down lottery odds, prevailing-wage rules, and employer obligations for the skilled professionals who navigate them every year. Priya's guides help workers and employers make confident, well-informed decisions about building a career in the United States.

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