By: Patricia Gannon, Esq. and Marcela Bermudez, Esq.
The U.S. Department of Homeland Security (DHS) has released a final rule that will significantly change how certain nonimmigrants are admitted and maintain status in the United States. The rule, titled “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,” replaces the long-standing “Duration of Status” (D/S) framework with fixed periods of admission for certain nonimmigrant classifications.
The rule affects F visa holders (students), J visa holders (exchange visitors), and I visa holders (representatives of foreign information media), as well as their dependent family members.
Although the final rule has completed review by the Office of Management and Budget’s Office of Information and Regulatory Affairs (OMB/OIRA), it has not yet been officially published in the Federal Register. OMB/OIRA completed its review on June 17, 2026, and DHS is expected to submit the rule for publication shortly. Once published, the rule will become effective 60 days after publication in the Federal Register. Until the final rule is formally published, it remains possible that changes could be made to the publicly available version.
Potential Implications for OPT and STEM OPT Participants
Several practical consequences are likely for students participating in Optional Practical Training (OPT) and STEM OPT:
- OPT will remain available, but students must ensure they maintain a valid status through the expiration date listed on their Form I-94 and any approved extension periods. The rule establishes new extension-of-stay procedures for F-1 students.
- Students whose academic programs or OPT periods extend beyond their authorized admission period may need to file extension requests with USCIS rather than relying solely on Designated School Official (DSO) updates through SEVIS.
- Increased government oversight and adjudications mean that long-term students and those pursuing OPT or STEM OPT should expect additional compliance requirements and closer monitoring of their immigration status.
- The rule also reduces the standard F-1 grace period from 60 days to 30 days, which could affect post-OPT planning and transitions to H-1B or other immigration statuses.
Practical Concerns for Employers
Employers, particularly those who hire international students and recent graduates, should be aware of several potential impacts:
- More students may require immigration filings during their academic programs or employment authorization periods.
- Any delays or gaps in extension approvals could create work authorization issues.
- Employers should closely monitor I-94 expiration dates rather than assuming D/S status will continue indefinitely.
Work Authorization Considerations
The new rule is expected to have significant implications for students pursuing Optional Practical Training and STEM OPT extensions. While the regulation does not eliminate OPT, it ends the flexibility that many international students relied upon under the “Duration of Status” framework. Students may now need to obtain USCIS approval to extend their lawful stay beyond a fixed admission period, resulting in additional filings, costs, and uncertainty. The shortened 30-day grace period will also compress the timeline for graduates seeking employment, changing status, or preparing to depart the United States. As a result, careful immigration planning will become even more critical for students, universities, and employers alike.
The Federal Register summary confirms that the final rule establishes fixed periods of admission and new extension procedures, but it does not specify exactly how OPT and STEM OPT programs will be administered under the final regulatory text. A detailed review of the rule and any accompanying agency guidance will be necessary before drawing conclusions regarding specific OPT and STEM OPT filing requirements and procedures.
Greenspoon Marder’s Immigration & Naturalization practice group is actively monitoring developments and will continue to provide updates as additional information becomes available.
This publication is provided by Greenspoon Marder LLP is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.
