The end of duration of status: what it means for OPT, STEM OPT and cap-gap employees

For decades an F-1 student’s I-94 said "D/S" and employers never looked at it. Since 15 September 2026 it carries a date, and for graduates working on OPT or STEM OPT that date has become part of the employer’s compliance picture.

What changed

The final rule published on 17 July 2026 replaces admission for duration of status with admission for a fixed period for F, J and I nonimmigrants, effective 15 September 2026. Anyone needing more time must apply to USCIS for an extension of stay instead of relying on the programme documents alone.

The transition for current students and OPT workers

Under the new transition provision in 8 C.F.R. § 214.1(m), F and J nonimmigrants properly maintaining status on 15 September 2026 may remain until the later of their EAD expiry or their programme end date, but not beyond four years from 15 September 2026 plus the departure period. An F-1 student recommended for post-completion OPT, or for the STEM OPT extension, who files the I-765 on or before 18 March 2027 does not also need to file an I-539 for that period. If the OPT application is approved, the student may remain until the EAD expires plus 60 days.

After the transition window, a graduate whose OPT would run beyond the admission date will generally need both the I-765 and an extension of stay. Reports of the rule indicate that the existing H-1B cap-gap provisions and the 180-day automatic extension for timely STEM OPT filings continue.

What employers should do

• Add the I-94 admission date to the HR record of every F-1 worker. The EAD still governs the I-9, as the reverification calendar describes, but the I-94 now governs whether the worker remains in status.
• Plan cap-subject H-1B filings with the admission date in view, and prefer change of status where the worker is eligible, as discussed in change of status versus consular notification.
• Remember that an extension of stay is one more USCIS adjudication that can stall, at a time when work permits no longer carry automatic extensions, as covered in the end of the 540-day extension.

The proposed OPT fees

On 8 October 2026 DHS proposed new OPT fees of $70,000 for initial OPT and $30,000 for any subsequent OPT, per F-1 student, applicable to the SEVP-certified school that recommends the OPT. Comments are open until 9 November 2026. The proposal is not in force. If finalised it would change the economics of graduate hiring alongside the proposed cap fee discussed in the proposed $103,265 cap fee. USCIS's general guidance remains on its OPT page.

Where an OPT or STEM OPT application stalls past its posted time and a start date is lost, the route to compel a decision is on Mandamus.com's EAD mandamus page.

Questions

Does an F-1 worker on OPT now need to file an I-539?

Not for an OPT or STEM OPT application filed on or before 18 March 2027 under the transition rule. Later applications that run beyond the admission period generally need an extension of stay as well.

Has cap-gap been removed?

Reports of the final rule indicate that the existing cap-gap provisions continue. Check the specific case against the current regulation.

Are the $70,000 and $30,000 OPT fees in force?

No. They are proposed. Comments close on 9 November 2026 and a final rule would be needed.

General information, not legal advice. Rules and processing practice change; verify against the agency's own published figures and take advice on your own facts.