F-1 Student Visa News, October 2026: What Is Blocked, What Is Proposed and What Is Actually in Effect

The D/S rule is blocked, the $70,000 OPT fee is only a proposal, and the CPT guidance is in court. Here is what actually applies to you this month.

The short answer on F1 student visa news for October 2026: the Duration-of-Status (D/S) rule is blocked by a federal court, so F-1 students are still admitted for duration of status and still get a 60-day grace period. The $70,000 / $30,000 OPT fee is only proposed, with comments open until November 9, 2026. SEVP's August 2026 CPT guidance is in effect but challenged in court.

Many pages, including older posts on this site, predate the September 14 court order and still treat a four-year cap and a 30-day grace period as settled. This board gives each headline its status, its date and who to ask.

Status line (last verified October 14, 2026): D/S rule blocked and under appeal. OPT fee proposed. CPT guidance in effect and challenged, hearing November 6. Travel and stamping rules unchanged.

F1 student visa news at a glance: the status board as of October 2026

Blocked: the Duration-of-Status rule

On September 14, 2026, Judge F. Dennis Saylor IV (D. Mass., Presidents' Alliance v. DHS, No. 1:26-cv-13799-FDS) postponed the D/S final rule under 5 U.S.C. 705 and enjoined DHS and ICE from implementing it, one day before it was due to start. A section 705 postponement acts on the rule itself, not only on the plaintiffs, and DHS's own October 9 filing concedes the rule "has already been stayed in its entirety nationwide."

Where the appeal stands

• DHS filed a notice of appeal on September 30, 2026 (1st Cir. No. 26-2112).
• On October 9, 2026, the First Circuit set a 21/30/10-day briefing schedule. The plaintiffs say briefing "will most likely conclude in mid-December or later."
• No motion to stay the order pending appeal had been found as of this writing.
• The appeal does not revive the rule. Until a court lifts or stays the order, the rule stays blocked.

USCIS says it "will proceed under the previous regulatory provisions." Its Form I-539 page accepts the 08/28/24 edition of the I-539 and the 08/21/25 edition of the I-765, and it is not accepting the 09/15/26 editions built for the blocked rule. USCIS adds that DHS disagrees with the order and will implement the rule if it is lifted. Separately, the I-539 filing location changed on October 7, 2026; forms postmarked by November 9 are still accepted at the prior locations.

Old rule, blocked rule, what applies now

For what fixed admission would mean if it ever took effect, see duration of status vs. a fixed admission date; for the court calendar, see our First Circuit appeal tracker.

Why your school's page may disagree

SEVP had posted no broadcast about the court order as of this writing (the only related notice found, BCM 2609-02 of September 11, 2026, rescheduled a SEVIS outage). Some university pages still describe a 30-day grace period beneath a banner about the order, so confirm anything written before September 14 with your DSO.

Proposed: the OPT fee, or "what is the new F1 visa rule?"

When people ask what the new F1 visa rule is, they usually mean this one. On October 8, 2026, DHS and ICE published a notice of proposed rulemaking titled "Optional Practical Training Fees" (91 FR 64566, docket ICEB-2026-0100). It proposes:

• $70,000 before a student's initial OPT recommendation, and
• $30,000 for each subsequent OPT recommendation, with STEM OPT counted as a subsequent recommendation.

From the regulatory text:

• The school pays, on paper. The SEVP-certified school would pay before the DSO recommendation and may pass the cost to students or employers.
• It covers any type of OPT: pre-completion, post-completion and STEM OPT. CPT is out of scope.
• It is prospective. Only DSO recommendations dated 60+ days after a final rule would be covered; already-authorized OPT would not.
• Nothing is charged today. The current I-765 fee and the $1,780 premium-processing fee for an OPT or STEM OPT I-765 are unchanged.
• Comments close November 9, 2026. A final rule can differ from the proposal.

Some summaries, including Study in the States, describe the $30,000 as a one-time second-year charge. The Federal Register text controls: $30,000 for each subsequent recommendation. For more, see who would pay the proposed $70,000 OPT fee and is OPT ending?.

In effect but challenged: SEVP's CPT guidance

Two SEVP broadcasts changed how schools read the CPT rule:

• BCM 2608-01 (August 12, 2026): DSOs may authorize CPT only if its absence would make the degree impossible and the work is required for all students in that degree. It warns of penalties for institutions and individual DSOs.
• BCM 2608-02 (August 24, 2026): a Q&A saying elective-course CPT fails the "integral and required" test, the training must be done by all students, foreign and American, and CPT employers need cooperative agreements with the school. SEVP says it is not a rule.

On October 5, 2026, AAU, the Presidents' Alliance, AICUM and NAFSA sued (AAU v. DHS, No. 1:26-cv-14520-JEK, D. Mass., Judge Julia E. Kobick) under the APA, challenging both broadcasts. The preliminary-injunction hearing is November 6, 2026 at 3:00 p.m. There is no ruling, so the guidance remains in force.

That leaves Day 1 CPT neither "safe" nor "banned." The Harvard Crimson reported on October 6 that five Harvard schools no longer authorize CPT and that MIT, Penn and Wellesley paused CPT applications. Before weighing a Day 1 CPT program, read our honest answer on whether Day 1 CPT is legal and ask that school's DSO in writing how it is applying the guidance.

The H-1B items F-1 students keep confusing with F-1 news

If you are on OPT or STEM OPT and heading toward H-1B, these worker-side headlines matter too:

• Worker 60-day grace period elimination: proposed. It covers H-1B, H-1B1, L-1, O-1, E and TN workers and dependents, not F-1 or OPT. Comments close November 10, 2026; today's worker grace period still applies.
• $100,000 H-1B fee: in effect on paper, fee blocked. Proclamation 11069 extended the restriction to September 21, 2027, but California v. Mullin and Global Nurse Force v. Trump block the fee, so it is not being collected. Both orders are on appeal.
• $103,265 cap-subject H-1B fee: proposed. Comments closed September 24, 2026; no final rule.
• EO 14431 (layoffs as an H-1B factor): in effect as a directive, with no implementing guidance and no automatic denial.
• DOL PERM suspension of 8 named employers: in effect (announced October 8, 2026). PERM only; H-1B petitions and status are untouched by it.
• Deference-removal NPRM: proposed. It published October 14, 2026, and comments close November 13, 2026. Current deference still applies.
• End of automatic EAD extensions: in effect. The final rule published and took effect October 14, 2026, for renewals filed on or after October 30, 2025. The H-4 EAD itself is not rescinded. Ask your DSO (F-1) or an immigration attorney (H-4 and other categories) how it touches your renewal timing.

For the full year in review, see F-1 visa new rules in 2026.

Travel and stamping: what has not changed

• Interview waivers ("dropbox") are gone for F-1, J-1, H-1B, H-4 and L-1 applicants (ended in 2025). Expect an in-person interview.
• Third-country stamping ended September 6, 2025. Visa applicants apply in their country of nationality or legal residence.
• Domestic (stateside) H-1B renewal is not back.
• Travel while an OPT or STEM OPT I-765 is pending is a known risk. Ask your DSO before any trip.
• Proclamation 10998 (39 countries) remains in effect, unchanged since January 1, 2026. Partial-list nationals are barred from F, M and J visas (narrow exception), and students already here are protected only until they depart. The State Department page lists the countries.
• Wait times change often. Use the live travel.state.gov wait-times tool, not a number in a blog post.

Key dates to watch, October to December 2026

1. October 14 (done): EAD auto-extension final rule published and took effect; deference NPRM published.
2. October 19: government response due in AAU v. DHS (CPT case).
3. November 6, 3:00 p.m.: CPT preliminary-injunction hearing.
4. November 9: OPT fee comments close; last postmark for I-539s at the prior filing location.
5. November 10: worker grace-period comments close.
6. November 13: deference-removal comments close.
7. Mid-December or later: D/S appeal briefing expected to conclude, per the plaintiffs.
8. December 11: federal funding runs out (there was no October shutdown).

See our comment-deadline guide for how the three open comment periods work.

How to read F1 visa latest news without getting burned

1. What is the label? Proposed is not law. Challenged stays in effect unless a court blocks it. Blocked is not in effect, even on appeal.
2. What is the source date? D/S coverage written before September 14, 2026 is likely stale.
3. F-1 or workers? The two 60-day grace periods are a common trap.
4. Is there a primary source? Look for the Federal Register, USCIS, ICE/SEVP, Study in the States or a court docket. Then confirm with your DSO for anything F-1, OPT or SEVIS, or a licensed immigration attorney for H-1B, change of status or green-card questions.

Common mistakes

• Saying D/S ended on September 15. It was blocked the day before.
• Planning around a 30-day grace period. The F-1 grace period is 60 days while the order stands.
• Treating the appeal as a revival. It does not reinstate a blocked rule.
• Telling an employer the $70,000 OPT fee is already charged. It is a proposal, the school would be the legal payer, and it could apply only after a final rule.
• Using a 09/15/26 edition of the I-539 or I-765. USCIS is not accepting them.
• Reading the worker grace-period proposal as an F-1 change.
• Assuming Day 1 CPT is safe or banned. Your school's current position is what counts.

Your own I-20, I-94 and any USCIS notice govern over anything published here.

Frequently asked questions

Is the duration of status rule in effect right now?

No. On September 14, 2026 a federal judge in Massachusetts postponed the rule and barred DHS and ICE from implementing it. DHS appealed on September 30, but the appeal does not revive the rule, so D/S admission and the 60-day F-1 grace period still apply.

What is the new F1 visa rule about OPT fees?

It is a proposal published October 8, 2026 to charge $70,000 before a student's initial OPT recommendation and $30,000 for each later one, including STEM OPT. The school would be the legal payer and could pass the cost on. Nothing is charged today, and comments close November 9, 2026.

Is the F-1 grace period 30 days or 60 days now?

It is 60 days. The 30-day figure came from the blocked duration of status rule, and the separate proposal to eliminate a 60-day grace period covers H-1B and other workers, not F-1 students.

Can my school still approve Day 1 CPT?

SEVP's August 2026 CPT guidance is in effect, several schools have paused CPT, and the lawsuit challenging it has a November 6, 2026 hearing with no ruling yet. Only your DSO can say how your school is applying it.

Does the DHS appeal mean the four-year rule could start soon?

Not on its own. Briefing is expected to run to mid-December or later, and no motion to stay the order had been found as of this writing. DHS says it will implement the rule if the order is lifted.

This post explains how these rules and cases work. It is not legal advice and cannot tell you what to file or whether you qualify.

Your job search does not have to stall while the courts work. If you want help running a focused OPT or STEM OPT search aimed at employers that sponsor, talk to F1Jobs.