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

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.
Third, DHS shortens two important OPT deadlines. A student must file the post-completion OPT application no later than

The Chicago immigration lawyers of Zneimer & Zneimer P.C. are studying the Final Rule and explaining its requirements throughout this series. This article focuses on the rules unique to post-completion OPT and does not repeat the broader discussions of Duration of Status, fixed admission periods, transition provisions, or general F-1 compliance addressed in earlier articles.

What the Final Rule Actually Requires

The new regulatory text states that, unless the student qualifies for the transition exception in 8 C.F.R. § 214.1(m)(1)(i), an F-1 student recommended for post-completion OPT must:

apply for employment authorization; and
either apply to USCIS for an extension of stay or travel abroad and seek admission through CBP.

The regulation also states that the student may not engage in post-completion OPT unless USCIS grants the employment authorization. When USCIS grants post-completion OPT together with an extension of stay, or CBP admits the student for OPT following foreign travel, the authorized period includes an additional 30 days after the approved OPT period for departure or another lawful immigration action.

This structure differs significantly from the former Duration of Status system. Under the Final Rule, DHS treats employment authorization and continued admission as distinct legal matters.

Form I-765 and Form I-539 Serve Different Purposes

The Form I-765 asks USCIS to authorize employment.

The Form I-539 asks USCIS to extend the student’s F-1 admission for a fixed period.

For most students subject to the new fixed-admission system, a post-completion OPT application therefore will involve both forms if the student remains inside the United States. A valid OPT recommendation on the Form I-20 does not itself extend the student’s admission. Likewise, approval of employment authorization does not eliminate the separate requirement to obtain the necessary period of F-1 admission.

Students who travel abroad may use a different path. Instead of requesting an extension of stay from USCIS, they may seek a new period of F-1 admission from CBP based on approved or pending OPT. This travel alternative carries its own evidentiary and admission risks, which this article discusses below.

The Four-Year Limit Is a Maximum, Not a Guaranteed Admission Period

The Final Rule provides that an F-1 student receives admission for the period necessary to complete the course of study stated on the Form I-20, not to exceed four years. The regulation permits admission up to 30 days before the program start date and provides an additional 30-day period after the program end date or the four-year maximum. Neither of those 30-day periods counts against the four-year maximum.

This means that the rule does not simply give every student four years from the date of entry.

A student entering a two-year master’s program generally receives a period tied to the two-year program shown on the Form I-20, plus the applicable 30-day departure period. The student does not receive an unused two-year balance merely because the regulatory ceiling is four years.

Similarly, a student entering a four-year bachelor’s program may receive a period covering the program, subject to the four-year maximum, plus the separate 30-day departure period. The 30-day arrival window before the program begins does not reduce the four years available for the course of study.

The Final Rule does not establish a general country-based two-year admission category for F-1 students. It uses the program length on the Form I-20, capped at four years, subject to specific exceptions such as the 24-month maximum for English language training and the statutory 12-month limit for public high school study.

Why the Initial Admission Does Not Automatically Cover Post-Completion OPT

The initial F-1 admission covers the course of study identified on the Form I-20. Post-completion OPT takes place after the student completes that course of study.

The Final Rule recognizes that a continuing F-1 student may receive additional time after completing studies to engage in post-completion OPT or STEM OPT. It does not, however, automatically attach that additional period to every initial admission.

Instead, the student must obtain the additional period through one of the two procedures established by the rule:

an extension of stay from USCIS; or
admission from CBP following foreign travel.

Accordingly, a student should not assume that an I-94 extending beyond the anticipated graduation date automatically eliminates the post-completion OPT extension requirement. The regulation specifically requires a post-completion OPT applicant, outside the transition exception, to apply for an extension or obtain admission through CBP.

The New 30-Day Post-Completion OPT Filing Deadline

The Final Rule reduces the period for filing a post-completion OPT Form I-765 after the program end date from 60 days to 30 days.

DHS explains that because the new general departure period after completion of an F-1 program is 30 days, the post-completion OPT filing period must correspond to that shortened period. The new regulation therefore requires the student to file the Form I-765 within 30 days after the program end date.

The change creates a substantially narrower filing window after graduation. A student who waits until the program ends will have only 30 days to

secure the DSO recommendation,
prepare the application,
comply with all applicable USCIS filing instructions, and
ensure that USCIS receives a proper filing.

Students should not treat the 30-day period as the preferred filing window. It represents the outside deadline after program completion. Early preparation will remain essential.

The Requested OPT Start Date Must Fall Within 30 Days

The Final Rule also changes the permissible requested start date for post-completion OPT.

Previously, a student could request an OPT start date as late as 60 days after the program end date. The Final Rule replaces 60 days with 30 days. The requested OPT start date therefore may not fall more than 30 days after the student’s program end date.

For example, if the Form I-20 lists May 15 as the program end date:

the latest permissible requested OPT start date will generally be June 14;
the post-completion OPT Form I-765 must be filed no later than June 14; and
the student must also satisfy the separate extension-of-stay or CBP admission requirement.

The student must continue to comply with all other OPT filing requirements, including the requirements connected to the DSO’s recommendation and the Form I-20.

The Extension-of-Stay Deadline

An F-1 extension-of-stay application qualifies as timely when USCIS receives it on or before the expiration of the student’s authorized period of stay. For this purpose, the authorized period includes the 30-day departure period provided by the Final Rule.

The student should confirm the actual admit-until date on the Form I-94 rather than calculate the deadline solely from the Form I-20.

Although the regulation permits filing during the 30-day departure period, waiting until that period creates unnecessary risk. A rejected filing, payment problem, missing signature, or technical submission error could place the student beyond the deadline before the problem can be corrected.

A timely filed extension application places the student in a period of authorized stay while USCIS decides the application. It does not, by itself, authorize post-completion OPT employment. The student still needs the required employment authorization, and the Final Rule requires the post-completion OPT period to rest on an approved extension of stay or admission through CBP.

Evidence Required With the Extension Request

The Final Rule requires an F-1 student seeking an extension of stay to submit the form and evidence designated by USCIS. The application must include:

an updated and properly endorsed Form I-20;
evidence of sufficient funds to cover expenses;
any biometrics required;
the required filing fee; and
evidence that the student has maintained F-1 status and has never engaged in unauthorized employment.

When the student seeks an extension for practical training, the student must also possess a valid Form I-20 endorsed for the requested training and must qualify for that specific form of practical training.

If USCIS grants the application, it may approve the period necessary to complete the requested practical training, subject to a maximum extension of four years. The 30-day periods described in the regulation do not count against that maximum.

A typical post-completion OPT request will not approach a four-year extension. The four-year provision nevertheless establishes the outer regulatory limit and confirms that USCIS grants a new fixed period rather than restoring Duration of Status.

F-2 Dependents Must Also Extend Their Stay

A spouse or unmarried child under 21 in F-2 status cannot rely solely on the principal student’s filing.

The dependent must either join the principal F-1 student’s extension application or file a separate application in the manner USCIS designates. The dependent must submit an updated Form I-20, financial evidence, any required biometrics, the filing fee, proof of the qualifying relationship, and evidence of status maintenance. The dependent’s period cannot exceed the principal student’s authorized period.

Families should therefore evaluate the principal student’s OPT application and every dependent’s status as one coordinated filing project.

Key Deadlines Under the Final Rule

Requirement	Deadline or maximum period	Practical effect
Final Rule effective date	September 15, 2026	New fixed-admission and OPT procedures begin, subject to congressional review
Initial F-1 admission	Program length on Form I-20, up to four years	Four years is a ceiling, not an automatic grant
Arrival before program	Up to 30 days	Does not count against the four-year maximum
General period after program or OPT	30 days	Used to depart or otherwise seek lawful status
Post-completion OPT Form I-765 after program end	No later than 30 days after program end	Reduced from 60 days
Latest requested OPT start date	No more than 30 days after program end	Reduced from 60 days
Form I-539 for post-completion OPT	USCIS must receive it by the expiration of authorized stay, including the 30-day period	Late filing can jeopardize eligibility and status
Temporary transition exemption from Form I-539	Qualifying Form I-765 filed on or before March 18, 2027	Applies only to qualifying students covered by the transition rule
Absolute transition date for qualifying F-1 students admitted for D/S	No later than November 14, 2030, depending on the Form I-20 or EAD date	Four years from the effective date, plus the former 60-day F-1 period

The transition dates and the general fixed-admission rules operate differently. Students must first determine which framework governs them.

Transition Relief Through March 18, 2027

DHS created temporary relief for certain students who entered under Duration of Status and remain subject to the transition provisions.

A qualifying F-1 student recommended for post-completion OPT does not need to file Form I-539 for the requested OPT period when the student:

files Form I-765 before the period of admission expires, including the former 60-day departure period; and
files the Form I-765 on or before March 18, 2027.

A qualifying student recommended for STEM OPT also does not need Form I-539 when the student files Form I-765 before the current OPT EAD expires and on or before March 18, 2027. DHS may extend this exemption in six-month increments by publishing a notice in the Federal Register.

When USCIS approves an application covered by this transition exception, the student may remain in F-1 status through the EAD expiration date plus 60 days. That 60-day period belongs to the transition framework. Students governed by the new fixed-admission rules generally receive the new 30-day period instead.

This distinction matters. A student should not assume that every post-completion OPT period ends with 60 days. Under the permanent fixed-admission framework, the regulation provides 30 days.

Applications Already Pending on September 15, 2026

An F-1 student covered by the transition rule who has a properly and timely filed employment authorization application pending on September 15, 2026 does not need to file an extension application or refile the employment authorization application unless USCIS requests it.

If USCIS approves the post-completion OPT or STEM OPT application, the student may remain through the EAD expiration date plus 60 days.

This protection applies to applications already pending on the effective date. It does not create an indefinite exemption for future applicants.

Travel Can Change Which Rules Apply

The transition relief contains an important travel limitation.

A student covered by the transition rule who departs the United States before filing the post-completion OPT or STEM OPT application and then returns with a fixed period of admission must file both:

Form I-765 for employment authorization; and
Form I-539 for the extension of stay.

DHS may extend the March 18, 2027 transition deadline, but only through a Federal Register notice.

A student considering travel during the transition period should therefore determine, before departure, whether travel will convert the student from the D/S transition framework to the fixed-admission system.

Using Travel and CBP Admission Instead of Form I-539

For students governed by the permanent rule, foreign travel offers an alternative to filing Form I-539.

A student may apply for admission at a port of entry to pursue post-completion OPT. When the EAD has already been approved, CBP may admit the student through the EAD expiration date, plus the 30-day departure period.

When Form I-765 remains pending, CBP may admit the student through the DSO’s recommended employment end date shown on the Form I-20, plus 30 days. DHS advises a student in this situation to carry the USCIS receipt notice, currently Form I-797, and the latest Form I-20 endorsed by the DSO for OPT with the proposed end date.

Admission remains a CBP determination. A student must also satisfy the ordinary documentary and admissibility requirements, including any applicable visa and passport requirements.

Travel While Form I-539 or Form I-765 Is Pending

Departure does not automatically terminate every pending extension request under the Final Rule.

If the student leaves while the Form I-539 remains pending and seeks admission only for the unexpired balance of the prior admission, USCIS will not necessarily treat the extension as abandoned. If the student instead seeks and receives a new period of admission based on a Form I-20 extending beyond the former admission, USCIS may deem the pending extension request abandoned because the new CBP admission supersedes it.

USCIS will continue processing Form I-765 despite the student’s departure. However, USCIS will not issue an EAD extending beyond the fixed admission date that CBP grants at the port of entry. The student also must remain able to receive and answer any Request for Evidence while abroad.

Travel during pending OPT and extension proceedings therefore requires coordinated analysis of the Form I-539, Form I-765, Form I-20, visa, and intended request for admission.

Example One: Four-Year Bachelor’s Program After the Effective Date

Assume the Form I-20 lists:

program start date: August 20, 2027;
program end date: May 15, 2031; and
requested OPT period: May 16, 2031, through May 15, 2032.

The student may enter up to 30 days before August 20, 2027. The 30-day early entry period does not reduce the four-year maximum. The initial F-1 admission covers the course of study, subject to the four-year ceiling, and includes the separate 30-day period after the program ends.

To remain inside the United States for post-completion OPT, the student generally must file:

Form I-765 for employment authorization; and
Form I-539 for an extension of F-1 stay through the requested OPT period.

The Form I-765 must be filed no later than June 14, 2031, which is 30 days after the program end date. The requested OPT start date also may not fall later than June 14. USCIS must receive the Form I-539 before the student’s authorized stay expires, including the 30-day departure period. The student should verify the precise date on the Form I-94 rather than relying only on this calculation.

If USCIS grants both requests, the student receives a fixed OPT period followed by an additional 30 days.

Example Two: Two-Year Master’s Program

Assume a student enters for a master’s program running from August 20, 2027, through May 15, 2029.

The regulatory maximum is four years, but the Form I-20 describes a two-year program. The student does not automatically receive four years simply because four years is the maximum. The admission period follows the time necessary to complete the course stated on the Form I-20.

The student therefore cannot treat the difference between the two-year program and the four-year ceiling as unused time automatically available for OPT.

To pursue post-completion OPT while remaining in the United States, the student generally must request employment authorization and an extension of stay. Alternatively, the student may travel and seek admission from CBP for the OPT period.

Example Three: Transition Student Filing Before March 18, 2027

Assume a student entered in D/S before the Final Rule, remains in valid F-1 status on September 15, 2026, and completes the academic program in December 2026.

If the student files a qualifying Form I-765 for post-completion OPT before the existing period of admission expires and no later than March 18, 2027, the transition provision excuses the student from filing Form I-539 for that requested OPT period.

If USCIS approves the application, the student may remain through the EAD expiration date plus 60 days.

This 60-day result should not be applied to students governed by the permanent fixed-admission framework, which provides 30 days.

Example Four: Transition Student Who Travels Before Filing

Assume the same student leaves the United States after September 15, 2026, but before filing Form I-765. CBP then admits the student for a fixed period.

The student no longer receives the transition filing benefit merely because the student originally entered in D/S. The regulation requires both Form I-765 and Form I-539.

This scenario illustrates why travel planning must precede, rather than follow, the OPT filing analysis.

A Practical Checklist for Post-Completion OPT

Before filing, the student and DSO should confirm:

Which system applies?
Determine whether the student remains protected by the D/S transition provisions or holds a fixed admit-until date.
What does the Form I-94 say?
Record the actual expiration date and do not infer it solely from the Form I-20.
When does the program end?
The new 30-day I-765 filing and requested start-date limits run from the program end date.
Does the student need Form I-539?
Most fixed-admission students remaining in the United States will need both Form I-765 and Form I-539.
Will the student travel instead?
Evaluate visa validity, documentary requirements, the pending I-765, any pending I-539, and the admission period CBP may grant.
Are there F-2 dependents?
Include them in the extension strategy.
Has the student maintained status?
Unauthorized employment or another status violation may defeat the extension request.
Which departure period applies?
The permanent fixed-admission rule generally provides 30 days. Certain transition cases retain 60 days.
Has DHS extended the March 18, 2027 exemption?
Check the Federal Register rather than assuming an extension.

What Universities and Employers Should Change

Universities should revise OPT guidance so that it no longer presents Form I-765 as the only filing required for post-completion OPT. DSOs should identify whether each student remains within transition relief or has entered the fixed-admission framework.

Schools should also update calendaring systems to track:

the Form I-20 program end date;
the Form I-94 admit-until date;
the new 30-day I-765 deadline;
the latest permissible OPT start date;
the Form I-539 deadline;
the March 18, 2027 transition cutoff; and
the different 30-day and 60-day post-OPT periods.

Employers should understand that an OPT EAD addresses employment authorization, but the employee may also need a separate extension of F-1 stay. Employers should not attempt to adjudicate the employee’s status themselves, but they should encourage early immigration planning to reduce interruptions in employment.

Conclusion

The Final Rule does not merely replace D/S with a date on the Form I-94. It redesigns the process for obtaining post-completion OPT.

For students governed by the permanent rule, post-completion OPT ordinarily requires two separate forms of federal authorization: employment authorization through Form I-765 and a fixed period of F-1 admission obtained through Form I-539 or admission by CBP after foreign travel.

The rule also narrows the post-completion filing period from 60 days to 30 days, requires the requested OPT start date to fall within 30 days after the program ends, and replaces the former 60-day post-completion period with a general 30-day period. Limited transition relief applies through March 18, 2027, unless DHS extends it by Federal Register notice.

These changes require students, DSOs, employers, and immigration counsel to plan post-completion OPT before graduation rather than treating it as a single employment authorization filing.

About Zneimer & Zneimer P.C.

Zneimer & Zneimer P.C. is a Chicago immigration and litigation law firm representing students, universities, physicians, hospitals, employers, professionals, businesses, and families in complex immigration matters throughout the United States. Our Chicago immigration lawyers monitor changes in immigration statutes, regulations, agency guidance, and federal litigation, and help clients evaluate how new rules apply to their individual circumstances.