As discussed elsewhere on this blog, DHS has finalized a new rule governing F-1 status, scheduled to take effect on Sept. 15, 2026. The rule’s core change is to eliminate Duration of Status (D/S) for F-1 students, J exchange visitors, and I foreign media representatives, replacing it with fixed admission periods and requiring extensions of stay where additional time is needed.
Key Changes to F-1 Status and Day One CPT Under the New Rule
That change matters to Day One Curricular Practical Training (CPT) because it operates within the broader F-1 status framework. Even where the Day One CPT rules themselves remain intact, the shift from open-ended status to fixed admission periods might change how employers assess Day One CPT as an option for employees whose Optional Practical Training (OPT) or STEM OPT is expiring, whose H-1B registration is not selected, or whose H-1B strategy needs more time. To be clear, the new F-1 rule does not eliminate Day One CPT and does not make substantive changes to CPT eligibility or the DSO’s role in authorizing CPT. But it does change the planning environment around Day One CPT in ways that may matter for hiring, retention, I-9 reverification, and immigration contingency planning.
The principal change is to the surrounding compliance framework. Because the rule replaces open-ended duration of status for F-1 students with fixed admission periods, if a student needs more time to complete a program, begin a new higher-level program, or continue authorized practical training beyond the current fixed period, the student may need to file an extension of stay with USCIS. Depending on the employee’s I-94 expiration date, travel history, transition-rule posture, and new Form I-20 program dates, moving from F-1 OPT or STEM OPT into a new CPT-eligible program may require a Form I-539 extension-of-stay filing.
Work Authorization, I-94 Expiration, and Extension of Stay: Employer Compliance Considerations
Employers relying on Day One CPT may therefore need to track more than the CPT dates on Form I-20. Under the fixed-period framework, the employee’s Form I-94 expiration date, the I-20 program end date, the 30-day grace period, the DSO-authorized CPT end date, and any timely filed Form I-539 receipt might all matter. This may lead to a major shift for workforce planning. Under the prior D/S model, employers often focused solely on the I-20 CPT authorization dates. Under the new fixed-period framework, while the I-20 is still essential, it is no longer the only timing document that matters. A CPT endorsement that runs beyond the employee’s I-94 expiration date may not be enough by itself. If an extension of stay is required, the employee must file it on time, and the employer must understand what documentation supports continued work authorization.
The new rule also restricts some enrollment strategies historically used for Day One CPT planning. F-1 students below the graduate level generally cannot transfer schools or change educational objectives during the first academic year unless the Student and Exchange Visitor Program (SEVP) authorizes an exception. Graduate-level students generally cannot change educational objectives during the program and cannot transfer during the program unless SEVP authorizes an exception for extenuating circumstances. The rule also limits use of F-1 status for another program at the same or lower educational level after a student completes a program following the rule’s effective date. This is particularly important because some employees have pursued a second master’s program to obtain Day One CPT after OPT or STEM OPT, or after H-1B lottery non-selection.
Transition Periods, Transfers, and Second-Degree Restrictions for F-1 Students
Employers should also be aware of the transition period to the new rules. F and J nonimmigrants who were admitted for D/S and are properly maintaining status on Sept. 15, 2026, generally may remain in the United States without filing an extension of stay until the program end date or EAD expiration date valid on the effective date, subject to an outside transition limit. For F nonimmigrants, the rule identifies Nov. 14, 2030, as the outside date for this transition period. Certain F-1 students admitted for D/S who timely file post-completion OPT or STEM OPT employment authorization applications on or before March 18, 2027, are not required to file Form I-539 for that requested OPT or STEM OPT period, although travel and readmission under a fixed admission period may change the analysis. Employers might not assume that every current F-1 employee would immediately need a Form I-539 on Sept. 15, 2026, but may wish to review each affected employee’s I-94, I-20, EAD, travel plans, and practical-training timeline.
The rule also creates a limited safety valve for certain timely filed extensions. If USCIS receives the F-1 student’s extension-of-stay application before the start of the 30-day F-1 grace period, current CPT may continue while the extension is pending, for up to 240 days, but only through the CPT end date reflected on the DSO-endorsed Form I-20 and only until USCIS adjudicates the extension. For I-9 purposes, the employee’s I-94, combined with a USCIS receipt notice for the extension-of-stay application and the DSO-endorsed CPT I-20, may be treated as unexpired only within those limits. If the student files during the 30-day grace period, the student may be able to remain and study while the extension is pending but cannot continue or begin CPT employment until the extension is approved. For employers, that distinction is critical. A grace-period filing would create an immediate work stoppage for an existing employee or require a waiting period until USCIS approval to begin work.
In short, Day One CPT does not disappear, but it is no longer a casual bridge strategy. The new F-1 rule turns timing, documentation, degree progression, and extension-of-stay planning into central workforce planning issues. Employers that rely on international talent should identify affected employees now and build earlier decision points into immigration calendars. As a practical matter, employers might calendar review points well in advance of an I-94 expiration date, separately track the start of the 30-day grace period, the CPT end date, the Form I-539 receipt date, the 240th day after the relevant expiration trigger, and the extension-of-stay decision date.
The chart below summarizes key differences between the prior D/S framework and the new fixed-period framework as they relate to Day One CPT.
| Day One CPT Element | Prior D/S Framework for Day One CPT | New Fixed-Period Framework for Day One CPT |
| Admission period | I-94 generally issued for duration of status while the student maintained F-1 status and had a valid SEVIS/Form I-20 basis for study or practical training. | I-94 will reflect a fixed expiration date, generally tied to the I-20 program length and capped at four years, plus the 30-day grace period. OPT and STEM OPT timing may be tied to the EAD or DSO-recommended employment dates, depending on posture. |
| Work authorization timing | Employers typically focused on the DSO-endorsed Form I-20 CPT authorization dates, along with ordinary I-9 documentation. | Employers must track the DSO-endorsed CPT dates, I-94 expiration dates, the start of the 30-day grace period, any Form I-539 receipt, the 240-day automatic-extension outside date, and the extension-of-stay decision. |
| Extension of stay procedure | A DSO-issued or updated Form I-20 generally supported continued F-1 stay without a separate USCIS extension-of-stay filing, assuming the student maintained status. | Form I-539 may be required if the student needs time beyond the current I-94 expiration date. To avoid a CPT work stoppage, USCIS should receive the extension-of-stay application before the 30-day departure period begins. |
| EOS filed during 30-day departure period | Generally not applicable in the same way under D/S; most F-1 program extensions did not require a routine Form I-539 extension-of-stay filing. | The filing may be timely for purposes of remaining and studying while pending, but the student may not begin or continue CPT or other employment while the extension is pending. Work may resume only if the extension is approved. |
| Transfers and program changes | Potentially greater flexibility to transfer schools or change programs, subject to ordinary F-1, CPT, and SEVIS requirements. | Below the graduate level, first-year transfers and changes in educational objectives are restricted absent an SEVP exception. Graduate-level students generally cannot change educational objectives or transfer during the program unless SEVP authorizes a narrow exception. |
| Same-level degree | A second same-level program might sometimes support continued F-1 study and CPT if the program and CPT independently satisfied F-1 and CPT requirements. | After completing a program after the rule’s effective date, a student generally may not maintain, be admitted, or otherwise be provided F-1 status for another program at the same or lower educational level. |
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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