F-1 in Flux: What’s on Hold, What’s in Effect, and What Could Come Next 

By Anne Rowley

The immigration landscape for international students has been shifting significantly throughout the course of the last few academic years. In particular, in the past several months, federal agencies have introduced a variety of new policies and proposals that could significantly affect how F-1 students maintain status, participate in internships, and access post-graduation work opportunities. While some of these changes are tied up in litigation and others remain proposals, they are already creating uncertainty for universities and employers across the country.  

A few developments deserve particular attention: 

• A DHS rule that would replace the longstanding “Duration of Status” (D/S) system with fixed admission periods; 

• New federal guidance that could significantly limit eligibility for Curricular Practical Training (CPT); and, 

• A proposed DHS fee rule that could impose substantial costs on schools seeking to recommend students for Optional Practical Training (OPT).  

1. The Duration of Status Rule Is Blocked, But Not Gone 

For decades, most F-1 students have been admitted to the United States for “Duration of Status” rather than until a specific expiration date. A group of attorneys from GYH, including Jason Levy, Anne Rowley, and Emily Wolfford Colak, recently presented a webinar on this topic with myLawCLE, where they discussed differences between the current system and the proposed system. Under the current system, students generally remain authorized to stay in the United States provided they continue to maintain status and their records remain valid in SEVIS, the Student and Exchange Visitor Information System, a web-based system the federal government uses to maintain information about foreign students and their dependents. 

Universities have historically handled program extensions and academic delays through SEVIS without requiring students to file separate extension applications with USCIS.  

In July 2026, however, DHS published a final rule that would fundamentally change that extension process. The rule would replace Duration of Status with a fixed “Admit Until Date” on a student’s I-94 record. If implemented, many students who need additional time to complete their studies, begin a new academic program, or pursue OPT could eventually be required to file applications with USCIS or leave and reenter the United States to obtain a new admission period.  

The rule would also: 

• Limit admission periods to the program dates listed on immigration documents, generally subject to a four-year maximum; 

• Reduce the F-1 post-completion grace period from 60 days to 30 days; 

• Create additional filing requirements for certain students; and, 

• Restrict some transfers, changes in educational level, and changes of major.  

Current Status 

The good news for students and schools is that the rule is currently blocked nationwide: a federal court in Massachusetts issued a preliminary injunction preventing implementation of the rule while litigation proceeds. As a result, the traditional Duration of Status framework remains in effect today. The government has appealed the ruling, however, meaning the long-term future of the rule remains uncertain. Stay tuned! 

2. New CPT Guidance Is Already Affecting Campuses 

While the Duration of Status rule is currently on hold, universities are already grappling with another significant development. 

In August 2026, the Student and Exchange Visitor Program (SEVP) issued guidance taking a much narrower view of when Curricular Practical Training may be authorized for foreign students. CPT has long been used by F-1 students to participate in internships, cooperative education programs, practica, and other work-based learning opportunities connected to their academic programs.  

Under SEVP’s new interpretation, though, CPT is said to be appropriate only when the practical training is an integral and required component of an established curriculum. The guidance suggests that internships that are merely optional, even if they provide academic credit, may no longer qualify. The guidance also emphasizes documentation and compliance, with SEVP indicating that it may request records supporting CPT authorizations and scrutinize school policies more closely.  

Why This Matters 

Many institutions have historically authorized CPT based on internship courses or other credit-bearing experiential learning opportunities. As schools assess the new guidance, some have already begun reviewing or revising their CPT policies. Others are taking a more cautious approach to approving internships. For students, the practical impact has been and may continue to be significant. Opportunities that previously qualified for CPT may now receive additional scrutiny or require more extensive documentation.  

Litigation Is Underway 

Several higher education organizations, including NAFSA, the Association of American Universities, and the Presidents’ Alliance on Higher Education and Immigration, have challenged the guidance in federal court. The plaintiffs argue that SEVP is effectively changing decades of CPT practice without going through the formal rulemaking process. However, unlike the blocked Duration of Status rule, the CPT guidance currently remains in effect. Schools should assume that SEVP expects compliance unless and until a court orders otherwise.  

3. DHS Proposes Massive New Fees for OPT 

A third development could have substantial financial implications for schools, students, and employers. 

In October 2026, DHS published a proposed rule that would impose significant fees on schools recommending students for OPT through SEVIS. The proposal would affect pre-completion OPT, post-completion OPT, and STEM OPT extensions.  

Under the proposal: 

• Schools would pay $70,000 for a student’s first OPT recommendation; 

• Schools would pay $30,000 for a subsequent OPT recommendation after the initial fee has been paid; and, 

• A student who later obtains a STEM OPT extension could potentially generate a total of $100,000 in federal fees.  

Although the proposal places the fee obligation on educational institutions, DHS acknowledges that schools may seek reimbursement from or otherwise pass these costs on to students or employers. Whether such arrangements are permissible may depend on state law and other legal considerations.  

Important: These Fees Are Not Yet in Effect 

At present, the OPT fee rule is only a proposal; DHS is currently accepting public comments, and any final regulation would apply prospectively. Existing OPT authorizations are not immediately affected. Nevertheless, universities, employers, and students should closely monitor the proposal and consider submitting comments regarding its potential impact.  

What Schools, Students, and Employers Should Be Doing Now 

While the legal landscape remains fluid, several practical steps make sense. 

For Universities 

• Continue operating under the current Duration of Status framework. 

• Review CPT policies and authorization procedures. 

• Assess how a fixed-period admission system would affect institutional processes. 

• Evaluate the potential budgetary and operational impact of the proposed OPT fees.  

For Students 

• Consult with your Designated School Official before accepting an internship or training opportunity. 

• Confirm CPT eligibility requirements with your institution. 

• Do not begin employment, even if unpaid, before receiving proper authorization. 

• Stay informed regarding litigation and policy developments that could affect your immigration status.  

For Employers 

• Expect increased scrutiny of CPT-based internships. 

• Monitor developments regarding the proposed OPT fees. 

• Coordinate with educational institutions and immigration counsel when onboarding international student talent.  

Looking Ahead 

Higher education institutions, international students, and employers are facing one of the most consequential periods of regulatory change in recent memory. While the proposed fixed-admission rule remains blocked and the OPT fee proposal remains under consideration, the CPT guidance is already changing how many schools approach practical training. 

Organizations that proactively review their policies and closely monitor these developments will be best positioned to navigate what comes next. For students and employers alike, early planning and careful compliance are becoming more important than ever.  

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Individuals and institutions should consult our team regarding their specific circumstances. 

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*Disclaimer: This information is presented for the purposes of general education and does not constitute legal advice.