F-1 Status Under the New Fixed I-94 Rule: Transition Relief, OPT, STEM OPT, CPT, and EOS Requirements
F-1 Students Currently in the United States with a D/S I-94
F-1 students who are currently in the United States and whose I-94 shows “D/S” may remain in the United States until:
the completion of their academic program; or
the expiration of their OPT or STEM OPT EAD,
whichever is later.
They will also continue to receive the existing 60-day grace period (NOT 30-day grace period).
However, their total authorized stay cannot extend beyond four years from the effective date of the new rule. If additional time is needed beyond that period, the student must file I-539 Extension of Stay (EOS) application with USCIS.
After the new rule takes effect, an F-1 student who leaves the United States and later reenters will receive an I-94 with a fixed expiration date instead of D/S. The grace period will then be reduced from 60 days to 30 days.
For example, if a student’s EAD expires on January 1, 2027, and the student leaves and reenters the United States on October 1, 2026, the new I-94 will list January 1, 2027, as the “Admit Until Date.” In that case, the student would have only a 30-day grace period after January 1, 2027.
Transition Relief for OPT and STEM OPT Applicants
Certain students may qualify for transition relief:
An F-1 student who already has a pending OPT or STEM OPT Form I-765 when the new rule takes effect does not need to file a separate EOS application.
An F-1 student who applies for OPT or STEM OPT within six months after the rule takes effect needs to file only Form I-765 and does not need to file a separate EOS application.
Once approved, these students will continue under the previous system. Their F-1 status will remain valid through the expiration of the EAD, followed by the previous 60-day grace period.
Because these students are not required to file an EOS application and do not leave and reenter the United States, their I-94 will continue to show D/S.
A simple way to understand the distinction is:
If the I-94 still shows D/S, the student remains under the old 60-day grace-period rule.
If the I-94 has been changed to a fixed expiration date, the student must follow the expiration date listed on the I-94.
Initial OPT and EOS Applications
The following rules mainly apply to students whose I-94 has already been changed from D/S to a fixed expiration date. They should not be confused with students who qualify for the transition relief described above.
To apply for initial OPT, the student must:
file Form I-765 for OPT employment authorization;
select an OPT start date no later than 30 days after completing the academic program; and
file an EOS application to extend the I-94 admission period through the expiration of the OPT EAD plus the additional 30-day grace period.
If the OPT EAD is approved but the EOS application remains pending, the student may not begin working. Both the EOS application and the EAD application must be approved before employment begins.
STEM OPT Extension and EOS Applications
To apply for a STEM OPT extension, the student must:
file Form I-765 before the initial OPT EAD expires; and
file an EOS application to extend the I-94 admission period through the STEM OPT EAD expiration date plus the 30-day grace period.
The existing 180-day automatic extension of STEM OPT employment authorization remains available under the new rule.
An eligible student who timely files a STEM OPT EAD and EOS application may continue working while application is pending, until USCIS makes a decision or for a maximum of 180 days, whichever occurs first.
CPT, On-Campus Employment, and EOS Applications
EOS Filed Before the I-94 Expiration Date
If the student timely files the EOS application before the fixed I-94 expiration date:
authorized CPT and on-campus employment may automatically continue for up to 240 days or until USCIS decides the EOS application, whichever occurs first; and
the student will remain in an authorized period of stay while the EOS application is pending, even if the I-94 expires.
EOS Filed During the 30-Day Grace Period
If the student files the EOS application during the 30-day grace period:
the student may continue studying; but
the student may not begin or continue any employment, including CPT or on-campus employment, until the EOS application is approved.
This creates an important new filing deadline. Students who want to preserve their ability to work should file the EOS application before the I-94 expiration date, rather than waiting until the grace period.
No Additional Grace Period After an EOS Denial
If USCIS denies the EOS application, the student does not receive an additional grace period.
The F-1 student must leave the United States immediately after the denial.
H-1B Cap-Gap Protection
The H-1B cap-gap protection remains in place. An F-1 student does not need to file a separate EOS application solely to receive the cap-gap extension.
Eligible F-1 students may continue to receive an automatic extension of status and, when applicable, employment authorization until:
April 1 of the fiscal year for which H-1B status is requested; or
the validity start date of the approved H-1B petition,
whichever is earlier.
“DHS understands the commenters concerns regarding the H‑1B cap‑gap provision and EAD extensions. Notably, this rule does not make any significant changes to the automatic extension of employment authorization regulations governing the H‑1B cap‑gap extension under redesignated 8 CFR 214.2(f)(5)(vii) and the EAD extensions for STEM OPT under 8 CFR 214.2(f)(11)(i)(C) and 8 CFR 274a.12(b)(6)(iv).”
“Under this rule, eligible F‑1 nonimmigrants will continue to benefit from the cap‑gap automatic EOS and any employment authorization, which extends until April 1 of the fiscal year for which the H‑1B status is being requested or until the validity start date of the approved petition, whichever is earlier. See redesignated 8 CFR 214.2(f)(5)(vii).”
Day-1 CPT Is Not Prohibited, but the Flexibility Is More Limited
The new rule does not directly prohibit Day-1 CPT, and the basic eligibility requirements for CPT remain largely unchanged.
However, it will become more difficult and risky to rely on Day-1 CPT as a long-term strategy to remain in the United States.
Under the new system, F-1 students will receive an I-94 with a fixed expiration date. When additional time is needed, the student must regularly apply to USCIS for an extension of stay.
Each time an EOS application is filed, USCIS may review whether:
the student is genuinely pursuing an academic program;
the student is making normal and reasonable academic progress; or
the student is repeatedly enrolling in programs at the same educational level primarily to continue working and maintain immigration status.
As a result, Day-1 CPT may still be available, but repeatedly using Day-1 CPT programs to extend F-1 status will become much more difficult in practice. If USCIS determines that the student’s primary purpose is employment rather than education, the EOS application may be denied.
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