US F-1 rule changes in 2026: fixed stay and the OPT fee proposal
What changed on 15 September 2026, what is only a proposal, and how to plan your USA application without guessing.
Two US government actions in 2026 affect Indian F-1 students. A final rule, effective 15 September 2026, replaces “duration of status” with a fixed period of admission based on the programme length on your I-20, up to 4 years plus 30 days to arrive and 30 days to leave. Separately, DHS published a proposed rule on 8 October 2026 that would charge $70,000 for initial OPT and $30,000 for later OPT per F-1 student recommended. The OPT fee is not in effect and may change.
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What is the fixed period of admission for F-1 students?
DHS published a final rule on 17 July 2026 that takes effect on 15 September 2026. F-1 students will be admitted for a fixed period of time instead of “duration of status”. The period is based on the programme length on the Form I-20 and is capped at four years, with 30 days added for arrival and another 30 days for departure.
| Situation | What the rule says |
|---|---|
| New F-1 student arriving after 15 Sept 2026 | Admitted for the I-20 programme length (maximum 4 years) plus 30 days before and 30 days after |
| Need more time for the same programme | Apply to USCIS for an extension of stay, or leave and re-enter with a new admission |
| Starting a new programme or changing education level | Extension of stay or new admission; the rule adds requirements for changing level, changing majors and transferring |
| OPT or STEM OPT | Students who need time for post-completion OPT or STEM OPT must also extend their stay or obtain a new admission |
| Admitted before 15 Sept 2026 under duration of status | Can stay until the Program End Date on the I-20, or the end of any OPT or STEM OPT, not beyond 14 Nov 2030 |
What is the proposed OPT fee, and is it in force?
On 8 October 2026 DHS published a Notice of Proposed Rulemaking on Optional Practical Training. It proposes $70,000 for initial OPT and $30,000 for later OPT for each F-1 student. The Federal Register text describes the charge as paid through the school before a designated school official can recommend OPT in SEVIS. A DHS summary describes the second charge as applying to the second year of practical training, so the exact application may differ between sources, and the Federal Register text is the controlling document.
- Status: proposed, not final. DHS says it may revise the rule after public comments.
- Comment deadline: 9 November 2026 for the general comment period; 7 December 2026 for comments on the information collection.
- Effective date: DHS proposes that a final rule take effect 60 days after it is published in the Federal Register. No final rule exists yet.
- What nobody knows yet: whether the proposal will be finalised, changed or dropped, and how universities would respond.
How should I plan my US application with this uncertainty?
- Budget for the programme length on your I-20, because your authorised stay will now follow it.
- Do not assume OPT will cost you anything today. OPT continues under the current rules: 12 months, plus a 24-month STEM extension for eligible degrees. See our USA cost guide.
- Prefer programmes with strong employer links and a realistic cost, so that your plan works even if the rules change again.
- Compare other countries' work rights in our post-study work visa comparison.
- Check the official pages below the week you apply, because both rules can still be clarified by DHS guidance.
What if I am already studying in the USA?
F-1 students admitted under duration of status before 15 September 2026 are covered by transition rules. Speak to your university’s designated school official (DSO) about your Program End Date and any plan to extend, change level or apply for OPT. SEVP has published a Quick Facts page and an FAQ for the rule.
If you are choosing a university now, read the Study in the USA guide and the F-1 visa interview questions.
Official sources
Figures on this page were checked on 22 Oct 2026. Rules and fees change, so always confirm the current numbers on the official site before you pay or apply.
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Frequently asked questions
What is the fixed period of admission for F-1 students?
A final rule effective 15 September 2026 admits F-1 students for the programme length on their I-20, up to four years, plus 30 days to arrive and 30 days to depart, instead of duration of status.
Do I need to extend my stay under the new rule?
Students who need more time for their programme, a new programme, or post-completion OPT or STEM OPT must either apply to USCIS for an extension of stay or leave the US and obtain a new admission period on re-entry.
Is the $70,000 OPT fee in effect?
No. It is a proposal published on 8 October 2026. DHS proposes $70,000 for initial OPT and $30,000 for later OPT per F-1 student, and it may revise the rule after public comments.
Does the new rule apply to students already in the USA?
Students admitted under duration of status before 15 September 2026 can stay until the Program End Date on their I-20, or the end of any OPT or STEM OPT, not exceeding 14 November 2030.
Can I still apply for OPT and STEM OPT?
Yes. OPT remains available under the current rules: up to 12 months after each education level, plus a 24-month STEM OPT extension for eligible STEM degrees. The fee is only a proposal.
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