F-1 and OPT News, November 2026: What Is Blocked, Proposed or in Effect After the Comment Deadlines

November brings a CPT hearing and the OPT-fee comment deadline, but none of this month's scheduled dates turns a proposal into law. Here is what applies to you.

Part of our guide to the proposed OPT fee.

The F1 visa news for November 2026, as of November 1: the Duration of Status (D/S) rule is blocked by a federal court (since September 14, 2026), so the 60-day F-1 grace period still applies. The $70,000 / $30,000 OPT fee is only proposed; comments close November 9, which does not make it law. SEVP's CPT guidance is in effect but challenged, with a hearing on November 6. The STEM OPT 180-day extension and the 90/150-day unemployment limits are in effect and unchanged, and a broader ICE OPT rule is an agenda item with no text.

November is a month of deadlines, not decisions, so this edition shows what each date can and cannot change. For how these items stood in mid-October, see our October 2026 F-1 status board.

F1 visa news, November 2026: the status board

As of November 1, 2026, the D/S rule is blocked, the OPT fee is only a proposal, SEVP's CPT broadcasts are in force but in court, and the STEM OPT 180-day extension and 90/150-day unemployment limits are unchanged. A comment deadline never creates a final rule, and a hearing is not a ruling.

F-1 and OPT status board, as of 2026-11 (checked 2026-11-01)

What each November date changes, and what it does not

Most November dates are procedural. Apart from the November 9 cutoffs for comments and old filing addresses, none changes what you may do; a ruling in either court case could come at any time, but a deadline or a hearing is not a ruling.

November 2026 calendar for F-1 and OPT, as of 2026-11 (scheduled unless marked)

After November 9, the accurate sentence is: the comment period closed; the rule is still a proposal. Check the Federal Register before assuming otherwise.

Is duration of status still blocked?

Yes. As of November 1, 2026, the D/S final rule is blocked by Judge Saylor's September 14 order in the Presidents' Alliance case (D. Mass. 1:26-cv-13799-FDS), which postponed the rule under 5 U.S.C. 705 and barred DHS from implementing it. You are still admitted for duration of status, the F-1 grace period is still 60 days, and you do not file an I-539 to extend your stay.

On its Form I-539 page, updated October 7, 2026, USCIS says DHS "is preliminarily enjoined from taking any further action to implement the final rule" and "USCIS will proceed under the previous regulatory provisions."

What happens after the November 2 replies?

Both sides filed cross-motions for summary judgment on October 30, and replies are due November 2, per the district court docket. A ruling can come any time after (check the docket for the outcome after November 2). In its October 30 brief, DHS asks for oral argument and argues that, if it loses, relief should be "a remand to the agency without vacatur" or limited to the plaintiffs, citing Trump v. CASA. Our reading: a remand without vacatur would leave the rule on the books while DHS reworks it, so the remedy matters as much as the winner.

Does the appeal change anything?

Not on its own. In the First Circuit (No. 26-2112), DHS's opening brief is due November 9, the response about December 9 and the reply about December 19 to 21 (our arithmetic). No stay motion was on the docket as of November 1, and S.J.Res. 213, a resolution to void the rule, sits on the Senate calendar with no vote. Our D/S appeal tracker maps each outcome. Pages that still read as if the rule took effect September 15 (Federal Register metadata, the eCFR text of 8 CFR 214.2(f), BCM 2607-02) are stale, not proof.

Is the OPT fee final? What the November 9 deadline does

No. As of November 1, 2026, the OPT fee is a proposed rule (91 FR 64566, docket ICEB-2026-0100), published October 8. Comments close November 9, 2026 at 11:59 p.m. ET; Regulations.gov shows the same deadline in UTC as November 10. Nothing is charged unless DHS publishes a final rule, and even then not for 60 days.

What the proposed rule would do, at proposed 8 CFR 214.13(i):

• The SEVP-certified school would pay $70,000 before your initial OPT recommendation and $30,000 before each later one, with STEM OPT counting as a later one. Schools could pass the cost to students or employers.
• Students already on OPT, already approved, or holding a DSO recommendation dated before the effective date would not be covered. The fee would start 60 days after a final rule.
• The $100,000 figure is the proposal's own worked total for initial OPT plus STEM OPT, not a separate fee.
• SEVP's BCM 2610-02 calls the $30,000 a "second year" fee; the Federal Register text ($30,000 for each later recommendation) controls.

DHS also "especially encourages input" on having "the one-time initial fee of $70,000 apply again to any initial period of OPT following the F-1 student's change to a higher educational level." Our reading: the proposal does not settle whether a student whose first OPT was fee-free would owe $70,000 or $30,000 for a later one.

The Federal Register counted 4,793 comments as of November 1, 2026 (the count changes daily), up from about 1,615 on October 13. No extension or hearing has been announced, and no final OPT-fee rule is under White House (OIRA) review. For the full mechanics, see who would pay the proposed OPT fee and when it could start.

Is Day 1 CPT still allowed after the November 6 hearing?

As of November 1, 2026, there is no ruling. The preliminary-injunction hearing in Association of American Universities v. DHS (D. Mass. 1:26-cv-14520-JEK, Judge Kobick) is set for November 6 at 3:00 p.m., and SEVP's broadcasts BCM 2608-01 and 2608-02 remain in force (check the docket for the outcome after November 6). The CPT regulation itself has not changed; what changed is SEVP's guidance and how schools apply it.

BCM 2608-01 (August 12, 2026) allows CPT only "if its absence would make the attainment of a degree an impossibility." The government's October 28 opposition argues the plaintiffs lack standing, that the broadcasts "are not Final Agency Action and not Ripe," that there is no irreparable harm, and that OPT remains available for training "not required for their degree." On October 29 the plaintiffs asked for leave to reply by November 4.

Schools have acted one by one: Rochester paused new CPT approvals except degree-required training (August 28 notice), MIT paused pending requests, and UC Berkeley paused Course Credit CPT. We found no school resuming CPT and, in press coverage from October 13 to November 1, no reported SEVP decertification over Day 1 CPT.

What an outcome could mean (our reading, not a prediction): if relief is granted, the broadcasts pause for whoever the order covers, but your school still decides when, and whether, to resume CPT. If it is denied, the broadcasts stay in force and school pauses are unaffected.

The Day 1 CPT news and school-pause tracker lists more schools. If CPT is closed to you, ask your DSO about pre-completion OPT; USCIS says "all periods of pre-completion OPT will be deducted from the available period of post-completion OPT," per its OPT page.

Did the STEM OPT 180-day extension end?

No. The final rule published and effective October 14, 2026 (91 FR 65306) ended automatic extension for many EAD renewals filed on or after October 30, 2025, but it amends only 8 CFR 274a.13 and never mentions STEM, OPT, F-1 or cap-gap, per the rule text. USCIS's STEM OPT page (updated January 30, 2026) still says that, for a timely filing, "we will automatically extend your employment authorization for 180 days."

Timely means filed before your current OPT EAD expires; USCIS lets you file up to 90 days before that date, and within 60 days of your DSO's recommendation. A STEM OPT I-765 filed after the OPT EAD expires gets no 180 days. For the rule's effect on other categories, see what the October 14 EAD final rule changes.

What is the OPT unemployment limit now?

It is still 90 days on post-completion OPT and 150 days in aggregate with the STEM OPT extension (in effect, unchanged). The SEVIS Help Hub counts from your actual OPT start date for each day "without employer information." Posts claiming a 60-day OPT limit are wrong. Our guide to how OPT unemployment days are counted covers gaps between jobs.

Is OPT being cancelled, or is a new OPT rule coming?

No rule cancels OPT. ICE's "Practical Training" rule (RIN 1653-AA97) is a Unified Agenda item with an NPRM target of February 2027, a target and not a commitment, and no text exists as of November 1. Its abstract mentions "fraud and national security concerns," protecting US workers from displacement and SEVP oversight. Bills to end or defund OPT (H.R. 2315, S. 4834, H.R. 8443) are introduced and referred; none has passed a chamber, and all die on January 3, 2027 if not enacted.

Live misreadings, then the correction

Checked against primary sources on November 1, 2026

• "D/S ended September 15." Correction: blocked since September 14, 2026; D/S still applies.
• "The F-1 grace period is now 30 days." Correction: 60 days. The 30-day figure came from the blocked rule.
• "Students pay $70,000," or "there is a $100,000 OPT fee." Correction: a proposal, nothing charged today. The school is the legal payer and may pass the cost on; $100,000 is the proposal's worked total for OPT plus STEM OPT.
• "STEM OPT's 180-day extension was removed." Correction: unchanged by the October 14 rule.
• "OPT unemployment is now 60 days." Correction: 90 days, or 150 with STEM OPT.
• "The grace-period proposal ends the F-1 grace period." Correction: it covers H-1B, L-1, O-1, TN and other workers, not F-1.
• "OPT is being cancelled." Correction: no rule or bill has ended OPT; ICE's "Practical Training" item has no text.

Old rule, new rule, what to do differently

What changed this fall, as of 2026-11

Three November situations, worked through

A December graduate who completes the degree Friday, December 18, 2026. USCIS lets you apply "up to 90 days before you complete your degree, but no later than 60 days after," so the window runs September 19, 2026 to February 16, 2027, and you must file within 30 days after your DSO enters the recommendation. If that entry is November 12, day 30 is Saturday, December 12; our reading of PA-2026-15 is that a paper filing would roll to Monday and an online filing would not, so confirm with your DSO. As proposed, the OPT fee would not reach a recommendation dated before a final rule's effective date. The USCIS processing-times tool showed 80% of (c)(3) student cases finished within 5 months on November 1; premium processing is $1,780 for 30 business days (fee schedule G-1055, edition 10/26/26). Cornell, JHU and USC advise against international travel while initial OPT is pending (Cornell guidance).

A STEM OPT filer whose OPT EAD ends Sunday, January 31, 2027. The 90-day window opens Monday, November 2, 2026. Filing before the EAD expires keeps the 180-day extension available; the October 14 rule does not change that. The expiry is a date, not a day count, so our reading of PA-2026-15 (in effect since October 23) is that it does not roll to Monday and a February 1 filing would be late. An online filing is received when you submit it; a paper one counts from the day USCIS receives it, not the day you mail it. Confirm the timing with your DSO.

A master's student counting on CPT for summer 2027. The guidance is in force, the hearing is November 6, and your school's policy governs. Ask whether your training is required for your degree, and if not, what pre-completion OPT would cost you in later OPT time. Do not sign an offer on the assumption that the hearing goes one way.

Your November 2026 checklist

1. Confirm your program end date and SEVIS status with your DSO; your I-20 and I-94, not news posts, govern your case.
2. Comment, if you choose to, on the OPT-fee proposal through Regulations.gov docket ICEB-2026-0100 before 11:59 p.m. ET on November 9.
3. Ask your DSO, in writing, how your school applies BCM 2608-01 after the November 6 hearing.
4. Download the 08/21/25 Form I-765 (not the 09/15/26 edition) from USCIS and check the filing address on the day you mail it.
5. Count your unemployment days against the 90- or 150-day limit using the employer entries in the SEVP Portal.
6. Re-check the D/S and CPT dockets after November 2, November 6 and November 9.

Your DSO handles F-1, OPT, CPT and SEVIS questions. A licensed immigration attorney handles petitions, change-of-status strategy or a terminated SEVIS record. A tax professional who prepares nonresident returns handles tax.

Common mistakes

• Treating a comment deadline as a decision. November 9 ends public input; it does not make the fee law.
• Counting on a weekend roll for an online filing. Under PA-2026-15 only day-counted paper deadlines roll; online filings never do.
• Assuming a favorable CPT order instantly reopens your school's CPT. Your school still decides.
• Letting a STEM OPT filing slip past the EAD end date, which forfeits the 180-day extension.

Frequently asked questions

Is duration of status still blocked?

Yes, as of November 1, 2026. A federal judge in Massachusetts postponed the D/S rule and barred DHS from implementing it on September 14, 2026. Summary-judgment replies are due November 2 and DHS's First Circuit brief is due November 9, but neither filing revives the rule, so D/S admission and the 60-day F-1 grace period still apply.

Is the OPT fee final?

No. The fee, which the school would pay ($70,000 before the initial OPT recommendation and $30,000 before each later one), is a proposed rule published October 8, 2026. Comments close November 9, 2026 at 11:59 p.m. ET, and closing them does not make it final. DHS would have to publish a final rule, the fee would start 60 days after that, and it would not reach DSO recommendations dated before then.

Is CPT still allowed after the November 6 hearing?

As of November 1, 2026, the hearing in AAU v. DHS is set for November 6 at 3:00 p.m. and there is no ruling, so SEVP's August 2026 CPT broadcasts remain in force. The CPT regulation itself has not changed, but several schools have paused CPT that is not required for the degree. Check the docket after November 6 and ask your DSO how your school applies the guidance.

Did the STEM OPT 180-day extension end?

No. The October 14, 2026 final rule ending automatic EAD extensions amends only 8 CFR 274a.13 and does not mention STEM OPT. USCIS still says it will automatically extend your employment authorization for 180 days if you file your STEM OPT I-765 on time, which means before your OPT EAD expires.

What is the OPT unemployment limit now?

It is still 90 days on post-completion OPT and 150 days in total once you add the STEM OPT extension, per SEVP guidance checked November 1, 2026. Claims of a 60-day OPT unemployment limit are false. The count runs from your actual OPT start date for each day SEVIS shows no employer information.

Sources

• USCIS, Form I-539 page (D/S injunction notice)
• CourtListener, Presidents' Alliance D/S case, D. Mass. 1:26-cv-13799 and First Circuit No. 26-2112
• Federal Register, Optional Practical Training Fees (91 FR 64566)
• ICE SEVP, BCM 2610-02 and BCM 2101-01
• CourtListener, DHS summary-judgment brief, ECF 67, filed October 30, 2026
• CourtListener, AAU v. DHS, D. Mass. 1:26-cv-14520 and the government's opposition, ECF 27, filed October 28, 2026
• USCIS, STEM OPT extension page and OPT for F-1 students page
• GovInfo, Removal of Automatic Extensions for Certain EADs (91 FR 65306)
• Study in the States, SEVIS Help Hub unemployment counter
• Reginfo.gov, RIN 1653-AA97 agenda entry
• USCIS, Form I-765 page and filing-location update

How we checked this: on November 1, 2026 we read the October 28 and October 30 court filings, the Federal Register record for the OPT-fee proposal, the text of the October 14 EAD rule, and the USCIS, ICE SEVP and Study in the States pages listed above. CourtListener's docket pages refused automated access that day, so docket dates come from the filings themselves and our research notes from the same day; check the dockets directly for anything after November 1.

This is general information, not legal or tax advice; your own I-20, I-94 and USCIS notices, and your DSO or immigration attorney, govern your case.

If you are planning a job search around OPT or STEM OPT dates and want help building it around the rules as they actually stand, talk to F1Jobs.