F-1 OPT EAD Expiry During a Shutdown: Grace Period and Extensions

(UNITED STATES) F-1 students whose OPT work cards expire during a federal funding lapse face the same rules they would at any other time: there is no special grace period or automatic extension caused by a government shutdown. The core protections still come from long-standing immigration regulations.

That means students can rely on the normal 60-day grace period after OPT ends to remain in the country, but they cannot work during that time. Those on a timely, pending STEM OPT extension receive an automatic 180-day work extension. And for certain EAD categories, a separate U.S. Citizenship and Immigration Services (USCIS) rule effective April 8, 2024 provides an automatic work extension of up to 540 days if a timely EAD renewal was filed. These options are not triggered by a shutdown; they apply regardless of the federal budget situation.

USCIS operations and filing during a shutdown

University international offices emphasize that a shutdown does not stop USCIS from accepting and processing applications, including OPT and STEM OPT. According to the University of Pennsylvania’s International Student and Scholar Services, USCIS continues operating, though longer budget standoffs can slow some timelines.

This operational continuity matters to F-1 students who file Form I-765, Application for Employment Authorization for post-completion OPT or a STEM OPT extension, because filing on time often determines whether they can keep working while they wait for a decision.

USCIS policy makes one point very clear: no blanket extension is created by a shutdown itself. If an OPT EAD expires on the same day the government closes, nothing changes in the student’s legal options that day. The standard 60-day grace period still begins at the EAD end date.

During those 60 days, students can prepare next steps—such as starting a new academic program, changing to another status, or leaving the United States—but cannot keep working. They should not accept shifts, log hours, or remain on payroll after the EAD end date unless covered by a valid automatic extension under existing rules.

Important: The 60-day grace period allows stay for planning purposes but does not allow employment.

Automatic extensions: 180-day STEM and up to 540-day EAD rule

• 180-day STEM OPT automatic extension
  • If a student timely files a STEM OPT extension and their post-completion OPT ends while the case is pending, USCIS automatically extends work authorization for 180 days.
  • The 180-day coverage ends when USCIS decides the case.
  • This is separate from the broader 540-day policy.
• Up to 540-day automatic extension (effective April 8, 2024)
  • USCIS runs a separate policy that offers an automatic extension of up to 540 days for certain EAD categories when a renewal is filed before the current card expires.
  • This rule exists to prevent job loss during long processing times and is independent of any government shutdown.
  • It applies only to designated EAD categories; it does not replace STEM OPT rules.

Employers should read USCIS guidance carefully and confirm whether the filed category qualifies for the 540-day extension based on the code on the face of the EAD and USCIS instructions. USCIS explains eligibility and I-9 documentation requirements on its official page for Automatic EAD Extensions.

I-9, employers’ responsibilities, and risks

• Employers should update I-9 records to reflect expiration of work authorization unless the employee qualifies for an automatic extension.
• For STEM OPT candidates who properly filed on time, the expired EAD plus the USCIS receipt notice serves as proof of the 180-day automatic extension.
• For eligible EAD categories with the 540-day rule, employers should follow USCIS instructions for I-9 reverification and documentation.
• Students and employers who continue work without authorization risk serious consequences, including:
  • Status problems for the student
  • Penalties for the employer

Advisers stress that HR teams must verify category codes and understand which automatic extension applies, if any. Misreading eligibility can expose both the student and the company to risk. When in doubt, consult counsel, check official guidance, and update I-9s promptly.

Policy context and service continuity

During a federal shutdown, some parts of government pause services. But USCIS, which is fee-funded, keeps operating. The agency still accepts packages, issues receipts, and adjudicates cases.

That means:

• F-1 students can still file Form I-765 for OPT or STEM OPT during a shutdown.
• Timely filing remains the most powerful way to avoid gaps.
• Students should expect possible slowdowns in processing if a shutdown stretches on, as interagency workflows and contractor operations can face pressure.
• The rules governing OPT, the 60-day grace period, and automatic extensions do not change because of a shutdown.

Practical steps for F-1 students

Students facing an upcoming EAD end date, or whose cards expire during a shutdown, can take these actions:

1. File early and on time.
   • A timely Form I-765 filing is essential for both STEM OPT’s 180-day automatic extension and for any EAD category that might qualify for the up to 540-day extension.
   • Use Form I-765, Application for Employment Authorization.
2. Stop working if no automatic extension applies.
   • Do not work after the EAD end date unless covered by a valid automatic extension.
3. Use the 60-day grace period to plan.
   • You can stay in the U.S., arrange travel, or prepare a new program start, but you cannot work during this time.
4. Keep your SEVIS record current.
   • Talk to your Designated School Official (DSO) about reporting requirements, travel plans, and any new academic program.
5. For STEM OPT, confirm program steps.
   • Ensure your employer is E-Verify registered, your training plan is in place, and your DSO issues a new Form I-20 with the STEM OPT recommendation.
   • The training plan uses Form I-983, Training Plan for STEM OPT Students; many schools require it before issuing an updated Form I-20.
   • Training plan form: Form I-983, Training Plan for STEM OPT Students.
6. Coordinate with HR.
   • Provide your employer with the USCIS receipt notice if relying on an automatic extension, and check I-9 reverification timelines.
7. Plan for travel risk.
   • If your EAD is expired and you’re relying on an automatic extension, reentry can be complicated. Speak with your DSO and consider postponing non-urgent travel.

Important: Filing the day after an EAD expires typically removes eligibility for an automatic extension. A one-day gap can have big consequences, so advisers encourage filing as early as permitted.

Examples and real-world outcomes

• Example 1: A computer science graduate on post-completion OPT files the STEM OPT extension two months before their EAD expires. They keep working after the end date under the 180-day automatic extension, provided the receipt arrives and the employer maintains E-Verify status. If USCIS later approves the case, the student moves into the new STEM EAD period without a break.

• Example 2: A student whose OPT EAD expires and who did not file any extension enters the 60-day grace period that same day. They may stay to plan next steps, but work must stop immediately.

Final reminders and authoritative resources

• None of these protections depend on Congress passing a budget or on a continuing resolution. They are part of established immigration rules.
• The best protection for F-1 students is a timely application and clear coordination with DSOs and employers.

Authoritative resources:
– USCIS guidance on automatic extensions: Automatic EAD Extensions
– Form I-765: https://www.uscis.gov/i-765
– Form I-983: https://www.ice.gov/doclib/sevis/pdf/i983.pdf

In short: if an OPT EAD expires during a government shutdown, the outcome follows normal rules—60-day grace period to stay without work, possible 180-day automatic extension for timely STEM OPT filings, and for certain EAD categories, an up to 540-day automatic extension when a renewal is filed before expiration. Timely filing and coordination with DSOs and employers provide the strongest protections.