Short answer: three separate developments affect F-1 work options, and each is at a different stage. A fee rule for OPT has cleared White House review but has not been published. On CPT, no regulation changed, but SEVP scrutiny increased. The rule that would have replaced duration of status with a fixed admission period has been blocked by a federal court.
What applies today is the existing duration of status framework and the current OPT rules. This article explains what is in force, what is only a proposal, and which dates to watch over the coming weeks.
What you will find in this article
- Where the OPT fee rule stands and what remains unknown
- What SEVP’s August 2026 messages on CPT actually changed
- The scope of the court ruling that blocked the D/S rule
- The OPT timing and unemployment rules that apply today
- The dates to watch in October and November 2026
Quick overview: three developments, three stages
| Issue | Status today |
|---|---|
| OPT fee rule | White House review concluded on September 11, 2026. The text has not been published and no amount has been disclosed. |
| CPT scrutiny | No new regulation. SEVP issued two messages in August 2026 and tightened oversight. |
| Duration of status | The rule was blocked by a court order on September 14, 2026. The current system continues. |
| Form I-765 fee for OPT | $520 by mail and $470 online. Unchanged. |
| OPT unemployment days | 90 days on post-completion OPT, 150 days total with the STEM extension. Unchanged. |
| Move to H-1B | Comments on the proposed $103,265 fee for cap-subject petitions close on September 24, 2026. |
The OPT fee: what is known and what is not
ICE, within the Department of Homeland Security, prepared a rule titled “Optional Practical Training Fees.” Before publication, the rule went to the White House regulatory review office on August 20, 2026, and review concluded on September 11, 2026.
What is still unknown:
- No amount has been announced. Figures circulating in the press do not come from an official document.
- It is unclear who would pay. Whether the fee falls on students, schools, or employers will be visible in the text.
- There is no effective date. The rule cannot take effect before Federal Register publication.
- No comment period has opened. One is expected once the rule is published.
As of September 18, 2026, the rule has not been published. A student filing for OPT today pays no OPT-specific fee.
Separately, the new immigration fees created by the 2025 budget law do not reach F-1 students. Those fees were tied to categories such as asylum, parole, and TPS.
The fees that apply today
- Form I-765 filing fee: $520 by mail and $470 online. These amounts appear in 8 CFR 106.2 and have not changed since April 2024.
- Form I-901 SEVIS fee: $350 for F-1 students, set in 8 CFR 214.13.
CPT: the rule did not change, the scrutiny did
In August 2026, SEVP sent two messages to schools and designated school officials. One reminded DSOs of their responsibility when authorizing CPT. The other explained when training is treated as an integral part of an established curriculum.
The key point is that the regulatory text did not change. What changed is how SEVP reads the existing rule and what it expects from schools.
In practice:
- The training is expected to be required of all students in the program, so that the degree cannot be completed without it.
- CPT authorizations resting on elective courses carry risk.
- SEVP may request the curricular documentation behind a CPT authorization.
- A DSO must authorize the training and update SEVIS before work begins.
Day-one CPT has not been banned outright. However, programs must be able to show that the training is curricularly required. Because of the uncertainty, some universities have paused CPT authorizations that are not mandatory.
The practical takeaway for students: before accepting a CPT authorization, confirm how your school defines the training in the curriculum, and keep written records.
The D/S rule: blocked by a court order
DHS published the rule replacing duration of status for F-1 and J-1 nonimmigrants with a fixed admission period on July 17, 2026. It was scheduled to take effect on September 15, 2026.
In Presidents’ Alliance on Higher Education and Immigration v. DHS, before the U.S. District Court for the District of Massachusetts, the court postponed the rule’s effective date on September 14, 2026 and enjoined its implementation. The order applies nationwide.
This means:
- Duration of status continues to apply.
- The four-year fixed admission period and the separate extension-of-stay filing are not in effect.
- The 60-day departure period after program completion remains.
A status conference is set for October 2, 2026. That date marks a step in the litigation, not an expiration of the order. As of September 17, 2026, no appeal appeared on the court docket.
We covered the background in our article on the court order blocking the D/S rule.
The OPT rules that apply today
Following the court order, the following rules remain in force:
- Filing window: Form I-765 for post-completion OPT may be filed up to 90 days before the program end date and within 60 days after it.
- DSO recommendation: the application must be filed within 30 days of the DSO’s recommendation in SEVIS.
- Unemployment days: 90 days in total during post-completion OPT, rising to 150 days in total for those granted the 24-month STEM extension. The rule appears in 8 CFR 214.2.
- STEM OPT automatic extension: a timely STEM extension filing still supports an automatic extension of up to 180 days.
- Cap-gap: for students with a selected cap-subject H-1B petition, cap-gap relief continues to April 1.
If you are planning the move from OPT to H-1B
Two further developments matter for graduates:
- The proposed $103,265 fee for cap-subject H-1B petitions. Comments close on September 24, 2026. We explained its scope and how it differs from the existing $100,000 payment in our H-1B article.
- The salary-weighted H-1B lottery, which affects selection odds, is covered in our article on improving your chances.
- The proposal to eliminate the 60-day grace period after job loss in H-1B, O-1, and similar classifications is open for comment until November 10, 2026. See our article on the proposed rule.
Common mistakes
- Treating press reports about an OPT fee as an existing charge
- Accepting a CPT authorization without checking its curricular basis
- Acting as though the D/S rule is in effect and filing unnecessary applications
- Missing the 30-day window after the DSO recommendation
- Failing to track unemployment days
- Planning OPT without considering H-1B lottery and fee developments
Short checklist for students
- Do I know when my OPT filing window opens and closes?
- Has my DSO entered the recommendation in SEVIS, and am I tracking the 30-day window?
- If I will use CPT, is the training defined as required in my program?
- Am I keeping a record of my unemployment days?
- Do I have a plan for H-1B or another status after graduation?
- Am I reading the notices from my international student office?
Frequently Asked Questions
Is there now a fee for OPT?
No. The rule cleared White House review but had not been published as of September 18, 2026. There is no OPT-specific fee today.
Are the high OPT fee figures in the press accurate?
Those figures do not come from an official document. The amount will only be known when the rule is published.
What does the OPT work permit cost right now?
The Form I-765 fee is $520 by mail and $470 online.
Did the CPT rules change?
The regulatory text did not change. SEVP’s oversight and its reading of the curricular requirement became stricter.
Has day-one CPT been banned?
No blanket ban was issued. Programs must be able to show that the training is required by the curriculum.
Is the duration of status rule in effect?
No. Its effective date was postponed by a court order on September 14, 2026, and implementation was enjoined.
What happens on October 2, 2026?
A status conference will be held in the case. The date does not mark the end of the court’s order.
How many days can I be unemployed on OPT?
90 days in total on post-completion OPT, and 150 days in total with the STEM extension.
Conclusion: plan around the rules that actually apply
F-1 work options face pressure from three directions. Yet as of today, no OPT fee is in force, the CPT regulation is unchanged, and the D/S rule is not being implemented. Planning around the rules in force is safer than planning around a text that has not been published.
To review your post-graduation work and status plan, contact Clinch Law.
Legal information notice
This content is provided for general information only. It does not create legal advice, an attorney-client relationship, or a guarantee of any outcome. Litigation and rulemaking timelines can change quickly. OPT and CPT decisions should be made together with your school’s DSO. Legal information checked on: September 18, 2026.
