F-1 Students

Published on: August 3, 2026

Optional Practical Training Under DHS’s Final Rule, Part V Comes with Implementation Risks, Processing Delays, Litigation Questions, and What Students, Schools, and Employers Should Do Now

The earlier articles in this OPT series explained what the Final Rule requires for post-completion OPT and STEM OPT. This final installment addresses the questions that the regulatory text cannot answer by itself – whether USCIS can process the expected volume of extension applications, how the agency will coordinate Forms I-539 and I-765, whether premium processing will become available, what happens when one application encounters a delay, and which legal theories may shape future challenges.

DHS openly acknowledges that the Final Rule will produce a substantial increase in extension-of-stay applications. Over its ten-year analysis period, DHS estimates an annual average of approximately 393,500 extension requests from F nonimmigrants, in addition to 28,000 from J nonimmigrants and 6,000 from I nonimmigrants. These figures cover the Final Rule as a whole, rather than OPT alone, but they illustrate the volume that USCIS, schools, students, and employers must absorb.

DHS expects the largest increase in extension filings to emerge about four years after the September 15, 2026 effective date, when many students and exchange visitors reach the outer limit of their initial or transitional admission periods. DHS believes this interval will give the agency time to adjust staffing, systems, and workflows. At the same time, DHS concedes that existing extension backlogs exist and expressly states that it cannot guarantee USCIS processing times.

The Chicago immigration lawyers of Zneimer & Zneimer P.C. are studying the Final Rule and explaining its requirements throughout this series. This article distinguishes among what the rule requires, what DHS predicts in its preamble, and what remains uncertain as a matter of implementation or future litigation.

The Rule’s Implementation Calendar

The Final Rule does not move every F-1 student into the same procedural system on the same day. Its permanent rules and transition provisions operate on different timelines.

Event	Date or period	Practical significance
Publication of Final Rule	July 17, 2026	Starts the 60-day implementation period
Stated effective date	September 15, 2026	Fixed admission framework begins, subject to congressional review
Temporary Form I-539 exemption for qualifying OPT and STEM OPT filings	Through March 18, 2027	Certain students covered by the transition rules need only file Form I-765
Possible extension of temporary exemption	Six-month increments	DHS may extend the exemption only by publishing a Federal Register notice
Expected major increase in EOS volume	Approximately four years after the effective date	DHS expects the largest workload increase around September 2030
Outer transition date for qualifying F nonimmigrants admitted for D/S	November 14, 2030	Four years from the effective date plus the former 60-day F-1 departure period

The November 14, 2030 date does not apply to every F-1 student. It serves as the outside date for qualifying F nonimmigrants who properly maintained status on September 15, 2026 and entered under Duration of Status. Their actual transition date may occur earlier, depending upon the program end date on the Form I-20 or the expiration date on an existing EAD.

A qualifying transition student who timely files Form I-765 for post-completion OPT or STEM OPT by March 18, 2027 may avoid the new Form I-539 requirement for that requested training period. DHS may extend that deadline in six-month increments, but only through a Federal Register notice. Students and DSOs should not assume that DHS will grant an extension unless the agency actually publishes one.

DHS Has Promised Guidance, but the Operating Details Will Continue to Develop

DHS states that updates to the SEVIS, CBP, and USCIS systems are underway. It also promises detailed implementation guidance, stakeholder outreach, and training for DSOs and government officers. DHS identifies the Study in the States website, the SEVP Response Center, the USCIS Contact Center, and CBP resources as principal sources of implementation information.

That commitment matters because the regulatory text does not resolve every operational question. For example, USCIS currently anticipates using Form I-539 for F-1 extension requests, but DHS retained general regulatory language so that USCIS may adopt a different form if workload or efficiency considerations justify a change. USCIS may also require biometrics and an interview in individual cases.

Schools, students, and employers therefore must distinguish between three types of authority:

The Final Rule, which establishes binding legal requirements.
USCIS and SEVP instructions, which will explain how applicants must satisfy those requirements.
Institutional procedures, which schools and employers must create to track filings, employment authorization, and immigration deadlines.

A school policy cannot replace a regulatory requirement. At the same time, the regulation alone may not tell a student which online filing path to use, how USCIS will link related cases, or how quickly SEVIS will reflect an approval. Those matters will depend on agency implementation.

The Expected Filing Volume Is Substantial Continue reading →

Published on: July 31, 2026

STEM OPT Under DHS’s Final Rule, Part III. Form I-539, the 180-Day EAD Extension, Form I-983 Compliance, and International Travel

By Zneimer & Zneimer, P.C.

The Department of Homeland Security’s Final Rule does not eliminate the 24-month STEM OPT extension. It also preserves the existing rule that automatically extends a qualifying student’s post-completion OPT Employment Authorization Document for up to 180 days while a timely STEM OPT application remains pending.

The Final Rule does, however, add a separate immigration requirement for most students who seek STEM OPT under the new fixed-admission system. After the temporary transition period ends, a student who remains inside the United States ordinarily must file:

Form I-765 to request the 24-month STEM OPT employment authorization; and

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Published on: July 29, 2026

Optional Practical Training Under DHS’s Final Rule (Part II). The Four-Year Admission Cap, Form I-539, and the New 30-Day Deadlines

By Zneimer & Zneimer, P.C.

The Department of Homeland Security’s Final Rule , 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, 91 Fed. Reg. 44,976 (July 17, 2026), makes three major changes that directly affect post-completion Optional Practical Training. The Final Rule takes effect on September 15, 2026, subject to the congressional review process described in the rule

First, an F-1 student will receive admission for the period necessary to complete the course of study shown on the Form I-20, subject to a maximum of four years. The four-year limit is a maximum, not an automatic four-year admission for every student.
Second, except for students who qualify for temporary transition relief, an F-1 student seeking post-completion OPT must obtain both employment authorization and an additional period of F-1 admission. A student who remains in the United States generally must apply to U.S. Citizenship and Immigration Services for employment authorization and an extension of stay. Alternatively, the student may travel abroad and seek admission from U.S. Customs and Border Protection for the OPT period. Approval of the Form I-765 alone will not provide the complete immigration authorization required under the Final Rule.

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Published on: July 27, 2026

Optional Practical Training Under DHS’s Final Rule (Part I) and How Fixed Periods of Admission Change the Immigration Framework for F-1 Students

By Zneimer & Zneimer, P.C.

Optional Practical Training (OPT) is an important benefits available to F-1 students. Every year, tens of thousands of international students rely on OPT to obtain practical experience in their field of study, transition into the American workforce, and, for many, pursue H-1B status or employment-based permanent residence.

The Department of Homeland Security’s July 17, 2026 Final Rule, 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, 91 Fed. Reg. 44976 (July 17, 2026)., does not eliminate OPT. Instead, it changes the immigration framework within which OPT operates. For more than forty years, most F-1 students remained in the United States under Duration of Status (D/S). Under the Final Rule, DHS replaces that system with fixed periods of admission and, in many cases, requires students to file applications to extend their stay with U.S. Citizenship and Immigration Services (USCIS).

For universities, Designated School Officials (DSOs), employers, immigration attorneys, and students, the key question is no longer simply “Is my OPT approved?” The new question is “Does my OPT fit within my authorized period of admission, or must I obtain an extension of stay?”

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