A New OPT Rule in 2027? The 'Practical Training' Agenda Item vs the OPT Fee Proposal
ICE lists a second practical-training rulemaking with a February 2027 proposal target, separate from the OPT fee proposal. Here is what that entry says, what its date means and what stays the same.
Part of our guide to the proposed OPT fee.
Is there a new OPT rule in 2027? Not yet. As of November 1, 2026, the only pending OPT rulemaking with published text is the proposed OPT fee rule (RIN 1653-AB01; comments close November 9, 2026). A separate ICE item, "Practical Training" (RIN 1653-AA97), has a February 2027 target for a proposed rule in the Unified Agenda, but it is agenda only: no text, no Federal Register document, no comment period. Nothing in effect or proposed ends OPT or STEM OPT.
Status as of 2026-11-01
- In effect, unchanged: OPT; the 24-month STEM OPT extension and its 180-day automatic extension for timely filers; 90 days of unemployment on post-completion OPT, 150 in aggregate on STEM OPT.
- Proposed: OPT fees, RIN 1653-AB01 (published 2026-10-08; comments close 2026-11-09 at 11:59 p.m. ET; no effective date). After 11-09 the comment period is closed and it is still a proposal until a final rule is published.
- Agenda only: "Practical Training", RIN 1653-AA97 (proposed-rule target 02/2027, a target and not a commitment; no text; not on OIRA's list of rules under review when we checked on 2026-11-01).
- In effect, challenged: SEVP's CPT guidance (BCM 2608-01 and 2608-02); preliminary-injunction hearing 2026-11-06 at 3:00 p.m., no ruling yet (check the docket after 11-06).
New OPT rule 2027: is there one yet?
No new OPT rule for 2027 has been published. ICE's "Practical Training" rulemaking (RIN 1653-AA97) is a Unified Agenda entry with a February 2027 target for a proposed rule, but as of November 1, 2026 it has no text, and the target is a projection, not a commitment. It is separate from the proposed OPT fee rule (RIN 1653-AB01).
Our explainer on whether OPT is ending and what DHS proposed in October covers the fee proposal in depth. This guide covers the second rulemaking, which has no published text, and how to read its date.
RIN 1653-AA97 vs RIN 1653-AB01: two different rulemakings
A Regulation Identifier Number (RIN) is the tracking number an agency gives each rulemaking. Both of these start with 1653, ICE's prefix, which is why they get blended together. They sit at very different stages.
The two ICE practical-training rulemakings (as of 2026-11-01)
| RIN 1653-AB01, "Optional Practical Training Fees" | RIN 1653-AA97, "Practical Training" | |
|---|---|---|
| Stage | Proposed (NPRM published 2026-10-08) | Agenda only (Proposed Rule Stage, no document) |
| Text public? | Yes: 91 FR 64566, docket ICEB-2026-0100 | No |
| What it would do | School pays $70,000 before the initial OPT recommendation and $30,000 before each later one (STEM OPT counts as later); the school may pass the cost on | Not stated beyond a two-sentence abstract: program alignment, fraud and national security, US-worker displacement, SEVP oversight |
| Covers CPT? | No: "specific to OPT and does not address CPT" | Unknown; practical training in the regulation includes both CPT and OPT |
| Comment period | Closes 2026-11-09, 11:59 p.m. ET | None |
| Key date | Fee would start 60 days after a final rule | NPRM target 02/2027 (not a commitment) |
| Legal effect today | None (a proposal is not law) | None (no text exists) |
Sources: the Federal Register notice of the OPT fee proposal and the reginfo.gov agenda entry for RIN 1653-AA97. When we searched the Federal Register by RIN on 2026-11-01, 1653-AB01 returned one document (the October 8 proposal) and 1653-AA97 returned none.
What is RIN 1653-AA97? What the agenda entry says
RIN 1653-AA97 is an ICE rulemaking titled "Practical Training," listed in the Unified Agenda at the Proposed Rule Stage with a timetable entry of "NPRM 02/00/2027". The "00" means DHS named a month, not a day. Here is what the reginfo.gov entry records, read on 2026-11-01:
- Publication ID: 2026. RIN status: "Previously published in the Unified Agenda", so this is not the item's first appearance.
- Priority: Other Significant. Major: Undetermined.
- CFR citation: 8 CFR 214, the part that holds the F-1 rules, including practical training at 8 CFR 214.2(f)(10).
- Legal authority: 8 U.S.C. 1101(a)(15)(F), 1184(a)(1) and 1324a(h)(3).
- Legal deadline: None. No statute or court order forces DHS to act by a set date.
The abstract is two sentences. It says the proposed rule will "better align practical training to the goals and objectives of the program while providing more clarity to the public," and will amend existing regulations to "address fraud and national security concerns, protect U.S. workers from being displaced by foreign nationals, and enhance the Student and Exchange Visitor Program's capacity to oversee the program."
What the abstract does not say
It does not use the words OPT, STEM or CPT. It does not say OPT or STEM OPT would end, and it does not mention a fee, a salary floor, the unemployment limits or the length of OPT. As the fee proposal itself puts it, "The current regulations provide two types of practical training: Curricular Practical Training (CPT) and OPT." A rule titled "Practical Training" could reach either. Anyone who tells you what this rule contains is guessing, because no text is public.
What does a Unified Agenda target date mean?
A Unified Agenda date is the agency's own projection of when its next step might happen. Here, "02/2027" means DHS expects it may publish a proposed rule around February 2027. It is not a deadline, an effective date or a promise, and nothing changes for you that month even if DHS meets it.
The Unified Agenda is a semiannual publication that, in reginfo.gov's words, "provides uniform reporting of data on regulatory and deregulatory activities under development." The Congressional Research Service describes each entry as carrying "a projected date (typically the projected month and year)" and notes that "some prospective regulatory actions listed in the Unified Agenda are never finalized" (CRS In Focus IF12118).
Two of the agenda's stage labels tell you how soon an agency expects to move:
- Proposed Rule Stage. CRS describes these as proposals "expected to be issued in the next 12 months." RIN 1653-AA97 is here.
- Long-Term Actions. Items agencies "do not expect to take action on in the next 12 months." DHS's H-4 EAD removal item, RIN 1615-AD14, is here, with its proposal date "To Be Determined"; no proposed or final rule ends the H-4 EAD.
So the Practical Training item is nearer than a long-term idea, and further away than anything under White House review or already in the Federal Register.
From agenda item to a rule you must follow (as of 2026-11-01)
| Step | What becomes public | Where it shows up | RIN 1653-AA97 | RIN 1653-AB01 |
|---|---|---|---|---|
| 1. Agenda entry | Title, abstract, target month | reginfo.gov agenda | Here | Skipped (never in a published agenda) |
| 2. OIRA review | Title and date received, no text | reginfo.gov "under review" list | Not listed (2026-11-01) | Done (the NPRM says OMB reviewed it) |
| 3. Proposed rule (NPRM) | Full text, docket, comment deadline | Federal Register | Not yet | Here (comments close 2026-11-09) |
| 4. Final rule | Final text and effective date | Federal Register | Not yet | Not yet |
| 5. In effect | Binding, unless a court blocks it | Federal Register, USCIS, SEVP | Not yet | Not yet |
Rules the agenda marks significant normally go through OIRA review before publication, so a listing on OIRA's rules-under-review list is usually the first public sign that a proposal is close (our reading of the usual process). On 2026-11-01 that list held no ICE rule at all. Step 5 is not automatic either: the Duration of Status final rule has been blocked by a federal court since 2026-09-14.
The fee proposal shows that the agenda is an incomplete early warning. Reginfo.gov's record for RIN 1653-AB01 says "This rule has not been published in a Unified Agenda," yet the NPRM states it "has been reviewed by OMB," and it appeared in the Federal Register on 2026-10-08. An agenda listing does not mean a rule will come, and a missing listing does not mean none is coming.
Is the OPT fee the same as the Practical Training rule?
No. The OPT fee is its own proposed rule with its own docket and comment period; the Practical Training item has no text. Finalizing one would not finalize the other.
Under the fee proposal (proposed 8 CFR 214.13(i)), the SEVP-certified school is the legal payer and may pass the cost on, and the fee would not reach students already on approved OPT or with a DSO recommendation dated before the effective date. Our explainer on the proposed $70,000 OPT fee and who would pay it works through the amounts. More than 4,700 comments had been filed as of 2026-11-01, and our guide to the three November comment deadlines explains how to file one.
The two connect in one passage of the fee proposal. DHS writes that the fee "should not be interpreted as precluding future changes to the OPT program through additional regulatory requirements; rather, it represents an immediate first step in a graduated strategy," and that DHS "seeks to retain flexibility to pursue additional regulatory measures in the future" (91 FR 64576, full text on govinfo.gov). The proposal does not cite RIN 1653-AA97 by number. Our reading: DHS is signalling that the fee comes first and more rulemaking is possible, which fits the agenda item, but neither document says what a second rule would contain.
The same proposal considered extending STEM OPT's safeguards, "reporting obligations, employer site visits, and the Form I-983 training plan requirement," to initial post-completion OPT, and called that insufficient "as an initial response." That shows what DHS has weighed, not what the Practical Training rule will say.
Will STEM OPT be removed? Is OPT ending soon?
No published or proposed rule removes STEM OPT or ends OPT, as of 2026-11-01. The 24-month STEM extension still exists, and USCIS's STEM OPT page (updated 01/30/2026) still says that for a timely filing "we will automatically extend your employment authorization for 180 days."
Three things are often mistaken for a STEM OPT removal:
- The October 14 EAD rule. The final rule removing automatic extensions for certain EAD renewals amends only 8 CFR 274a.13 and never mentions STEM, OPT, F-1 or cap-gap, so the 180-day STEM extension is untouched. One condition still applies: a STEM I-765 filed after the OPT EAD expires gets no 180 days.
- The fee proposal. It would treat STEM OPT as a later recommendation carrying a $30,000 charge to the school. That is a proposed cost, not a removal.
- Bills in Congress. H.R. 2315 and H.R. 8443 / S. 5097 would end OPT and S. 4834 would defund it, while H.R. 8013 would write OPT into statute. All are introduced and referred; none has passed a chamber, and all die when the 119th Congress ends on 2027-01-03. Our piece on what the November 3 midterms can and can't change explains why rules and bills move on different tracks.
Could a future rule change STEM OPT? In principle, yes. OPT is defined in regulation, not statute (the fee proposal recounts that the former INS established OPT in 1992), so DHS can amend it, normally through a published proposal, public comment and a final rule that you would see climb the ladder above (our reading of the usual process). Guidance can also shift practice without a new rule, as SEVP's 2026 CPT broadcasts show; those are being challenged in court.
Unemployment limits are unchanged too: 90 days on post-completion OPT and 150 days in aggregate on STEM OPT, per the SEVIS Help Hub unemployment counter page and SEVP's BCM 2101-01. Any "60-day OPT unemployment" claim is false. Our guide to how STEM OPT unemployment days count shows the arithmetic, and the rest of today's framework is in our guide to the OPT rules that apply to F-1 students today.
What a February 2027 target means if you graduate in 2027
Say your master's program ends in May 2027 and you plan to request post-completion OPT, then STEM OPT. Here is how the known dates line up; only some of them are fixed.
OPT rulemaking calendar for 2027 graduates (as of 2026-11-01)
| Date | Event | Status |
|---|---|---|
| 2026-10-08 | OPT fee NPRM published (RIN 1653-AB01) | Proposed |
| 2026-11-06, 3:00 p.m. | CPT preliminary-injunction hearing, AAU v. DHS (D. Mass.) | Challenged; no ruling yet |
| 2026-11-09, 11:59 p.m. ET | OPT fee comment period closes | Scheduled; still a proposal afterwards |
| 2026-12-07 | OPT fee information-collection (PRA) comments due | Scheduled |
| 2027-01-03 | 119th Congress ends; pending OPT bills die | Scheduled |
| 2027-02 | Practical Training NPRM target (RIN 1653-AA97) | Agenda target only |
| No date | Final OPT fee rule; fee would start 60 days later | Not published |
| No date | Final Practical Training rule | No proposal yet |
The CPT case is tracked on its CourtListener docket. In practice:
- Until a final rule takes effect, current OPT and STEM OPT rules govern your filing, start date and unemployment count.
- If the fee rule becomes final, your DSO recommendation date decides whether it reaches you. The proposal says a later OPT request made on or after the effective date falls under the fee, but it does not settle whether the school would owe $70,000 or $30,000 for the STEM OPT recommendation of a student whose first OPT was fee-free (our reading; unresolved). Ask your DSO how your school would handle that timing.
- If DHS meets the February 2027 target, a proposal would open a comment period, and its text would show whether it includes a transition rule for students already in the pipeline. Nobody can tell you that today.
- If the target slips, the next agenda edition may show a new month, with no effect on you.
How to check the status yourself
- Open the reginfo.gov agenda entry for RIN 1653-AA97 and note the stage and timetable month.
- Search OIRA's rules-under-review list on reginfo.gov for "1653-AA97"; a listing means a draft has reached the White House.
- Search the Federal Register for "1653-AA97"; a proposed rule would appear there with its docket number and comment deadline.
- Read your school's international student office updates and any SEVP Broadcast Message your DSO forwards.
- Ask your DSO how a proposal would treat your OPT recommendation date before you change any plan.
Your DSO is the right person for OPT and STEM OPT timing, recommendation dates, SEVIS reporting and unemployment days. A licensed immigration attorney is the right person for status strategy, such as H-1B timing, cap-gap or a change of status, when your plans depend on a rule that may change.
Common mistakes
- Treating "02/2027" as the date OPT changes. It is the target for a proposal. A final rule, an effective date and, often, litigation come after it.
- Calling the fee proposal "the new OPT rule." It is a proposal under a different RIN, with no effective date.
- Assuming "Practical Training" means OPT only. The F-1 regulation's practical training covers CPT and OPT; the agenda entry does not say which.
- Reading an agenda entry as a leak of the content. The abstract is two sentences. Anything more specific is speculation.
- Reading a missing agenda entry as an all-clear. The OPT fee proposal reached the Federal Register without ever appearing in a published agenda.
- Believing the STEM OPT 180-day extension ended, or repeating "60-day OPT unemployment." Neither is true (see above).
Frequently asked questions
Is there a new OPT rule coming in 2027?
Possibly, but none exists yet. As of November 1, 2026, ICE lists a rulemaking called Practical Training (RIN 1653-AA97) in the Unified Agenda with a February 2027 target for a proposed rule, but no text has been published and the date is not a commitment. Even a proposal on schedule would open a comment period first, and the rulemaking changes nothing until a final rule takes effect.
Will STEM OPT be removed?
No published or proposed rule removes STEM OPT as of November 1, 2026. The 24-month extension, the 180-day automatic extension for timely filers and the 150-day aggregate unemployment limit are unchanged. Bills that would end OPT are only introduced and referred, none has passed a chamber, and all die on January 3, 2027.
What is RIN 1653-AA97?
It is the tracking number for an ICE rulemaking titled Practical Training, listed at the Proposed Rule Stage of the Unified Agenda with a February 2027 target. Its two-sentence abstract cites fraud and national security concerns, protecting US workers from displacement and SEVP oversight. As of November 1, 2026 it has no text, no Federal Register document and no comment period.
Is the OPT fee the same as the Practical Training rule?
No. The OPT fee is a separate proposed rule, RIN 1653-AB01, published October 8, 2026, with comments closing November 9, 2026 at 11:59 p.m. ET. It would have the school pay $70,000 before an initial OPT recommendation and $30,000 before each later one, and the school could pass that cost on. The Practical Training item has no published text at all.
What does a Unified Agenda target date mean?
It is the agency's own projection of the month when its next step, here a proposed rule, might be published. It is not a deadline or an effective date, and some listed rules are never finalized. A February 2027 target means a proposal could appear around then, followed by public comment before any final rule.
Sources
- reginfo.gov, Practical Training, RIN 1653-AA97, the record for RIN 1653-AB01 and H-4 EAD removal, RIN 1615-AD14 (read 2026-11-01 and 2026-11-02)
- reginfo.gov, About the Unified Agenda and EO 12866 rules under review (read 2026-11-01)
- Federal Register, Optional Practical Training Fees, 91 FR 64566 and full text on govinfo.gov
- USCIS, Optional Practical Training Extension for STEM Students (STEM OPT)
- govinfo.gov, Removal of Automatic Extensions for Certain Employment Authorization Documents, 91 FR 65306
- Study in the States, SEVIS Help Hub unemployment counter; ICE SEVP, BCM 2101-01
- CourtListener, AAU v. DHS docket; govinfo.gov, H.R. 8443 bill status
- Congressional Research Service, The Unified Agenda of Federal Regulatory and Deregulatory Actions: An Overview (IF12118, updated 2024-06-25), via the EveryCRSReport copy
How we checked this: on 2026-11-01 and 2026-11-02 we read the reginfo.gov agenda entry for RIN 1653-AA97 (including its full abstract) and reginfo.gov's record for RIN 1653-AB01, OIRA's rules-under-review list, the Federal Register's search results for both RINs, the full text of the OPT fee proposal and the USCIS STEM OPT page.
This is general information, not legal or tax advice. Your own I-20, EAD and I-94, and your DSO or a licensed immigration attorney, govern over anything published here.
If you are planning a 2027 OPT start and want your search built on the rules that exist today, F1Jobs helps F-1 and OPT candidates focus on employers that hire on OPT and sponsor H-1B.
Frequently asked questions
Is there a new OPT rule coming in 2027?
Possibly, but none exists yet. As of November 1, 2026, ICE lists a rulemaking called Practical Training (RIN 1653-AA97) in the Unified Agenda with a February 2027 target for a proposed rule, but no text has been published and the date is not a commitment. Even a proposal on schedule would open a comment period first, and the rulemaking changes nothing until a final rule takes effect.
Will STEM OPT be removed?
No published or proposed rule removes STEM OPT as of November 1, 2026. The 24-month extension, the 180-day automatic extension for timely filers and the 150-day aggregate unemployment limit are unchanged. Bills that would end OPT are only introduced and referred, none has passed a chamber, and all die on January 3, 2027.
What is RIN 1653-AA97?
It is the tracking number for an ICE rulemaking titled Practical Training, listed at the Proposed Rule Stage of the Unified Agenda with a February 2027 target. Its two-sentence abstract cites fraud and national security concerns, protecting US workers from displacement and SEVP oversight. As of November 1, 2026 it has no text, no Federal Register document and no comment period.
Is the OPT fee the same as the Practical Training rule?
No. The OPT fee is a separate proposed rule, RIN 1653-AB01, published October 8, 2026, with comments closing November 9, 2026 at 11:59 p.m. ET. It would have the school pay $70,000 before an initial OPT recommendation and $30,000 before each later one, and the school could pass that cost on. The Practical Training item has no published text at all.
What does a Unified Agenda target date mean?
It is the agency's own projection of the month when its next step, here a proposed rule, might be published. It is not a deadline or an effective date, and some listed rules are never finalized. A February 2027 target means a proposal could appear around then, followed by public comment before any final rule.