OPT Rules for F-1 Students: Eligibility, the 90-Day Limit, Reporting, Travel, and What Is Only Proposed (October 2026)
The OPT rules that actually apply in October 2026, what is only proposed, and the reporting and travel mistakes that put F-1 status at risk.

Part of our guide to OPT unemployment days.
The OPT rules that govern your work authorization in October 2026 are mostly the same ones that applied a year ago: you need valid F-1 status and a DSO recommendation, your job must relate to your major, you can be unemployed for at most 90 days on post-completion OPT (150 days in total if you add the 24-month STEM extension), you report employment to SEVP, and you should not travel while your I-765 is pending. What changed is the noise. A proposed $70,000 OPT fee hit the news on October 8, and many school pages still describe a rule that a court blocked in September.
This guide separates what is in effect from what is only proposed or blocked. It explains how the process works; whether you qualify and what to file are questions for your DSO, who manages your SEVIS record.
OPT rules status as of October 2026
Checked against official sources on October 14, 2026.
| Item | Status | Key date | What it means for you |
|---|---|---|---|
| OPT unemployment limits (90 days; 150 days with STEM) | In effect, unchanged | SEVP guidance, BCM 2101-01 | Plan your job search against these numbers |
| OPT fees NPRM ($70,000 initial / $30,000 each subsequent) | Proposed | Published 2026-10-08; comments close 2026-11-09 | Nothing is owed today |
| Duration-of-Status rule (fixed admission, 30-day grace) | Blocked | Court order 2026-09-14; DHS appeal 2026-09-30 | D/S and the 60-day F-1 grace period still apply |
| OPT/STEM OPT I-765 premium processing | In effect | $1,780, unchanged since 2026-03-01 (G-1055, 10/07/26 edition) | Optional; it speeds a decision, not eligibility |
| Form I-765 edition | In effect | USCIS accepts the 08/21/25 edition, not the 09/15/26 edition | Download the form from uscis.gov the day you file |
| Travel while an OPT I-765 is pending | In effect (long-standing guidance) | Applies to OPT and STEM OPT filings | Avoid leaving the US until the decision; ask your DSO first |
What is OPT, and is there an "OPT visa"?
There is no OPT visa. OPT is work permission layered on your F-1 status: you keep your F-1 visa stamp and add an Employment Authorization Document (EAD, Form I-766) that USCIS issues after approving your Form I-765. Your F-1 status, SEVIS record and EAD each have their own rules; our explainer on how the F-1 student visa and OPT connect shows how they fit together.
There are three flavors of OPT:
| Type | When you use it | Work pattern | Employer requirements |
|---|---|---|---|
| Pre-completion OPT | Before your program ends | Part-time during school, full-time during official breaks | Job directly related to your major |
| Post-completion OPT | After your program end date | Full-time or part-time | Job directly related to your major; unpaid roles can qualify if they are real and related |
| 24-month STEM OPT extension | After post-completion OPT, for eligible STEM degrees | Paid, at least the hours SEVP requires | E-Verify employer, signed Form I-983 training plan |
Any pre-completion OPT you use generally reduces the post-completion time you have left at that degree level. CPT is a different authorization run by your school, and the OPT vs STEM OPT vs CPT comparison covers how the three interact.
OPT eligibility and OPT requirements
The core OPT requirements are short. In broad terms you need:
- Valid F-1 status at the time your DSO recommends you and when you file.
- At least one full academic year of full-time enrollment at an SEVP-certified school. A transfer or program change can affect this, so ask your DSO.
- A DSO recommendation entered in SEVIS and an updated Form I-20 showing it.
- A job directly related to your major. A data science graduate working as a data analyst is easy to explain. The same graduate driving for a delivery app is not.
- OPT time remaining at your degree level. OPT is allotted per level of study, so a new master's degree can make you eligible again even if you used OPT after your bachelor's.
For STEM OPT, you also need a degree on the DHS STEM designated list, an employer enrolled in E-Verify, and a completed Form I-983 training plan signed by you and the employer. Study in the States maintains the STEM OPT extension guidance, including the detail that SEVIS automatically cancels a STEM OPT request left in "Requested" status for more than 180 days.
How the OPT application works, step by step
- Meet your DSO early in your final term. School deadlines often run ahead of federal ones.
- Get the DSO recommendation and a new I-20. The recommendation date starts a filing clock, so ask your DSO exactly how long you have.
- File Form I-765. As of October 2026 USCIS accepts the 08/21/25 edition, not the 09/15/26 edition tied to the blocked D/S rule. Check the USCIS I-765 page for the edition, base fee and filing window on the day you file.
- Decide on premium processing. It costs $1,780 for an OPT or STEM OPT I-765 (G-1055, 10/07/26 edition). It speeds up the decision but doesn't make a weak case stronger.
- Track the case on the USCIS processing times page, not forum averages.
- Do not work before the start date on your EAD, and not before you have the card.
- Report your employment once you have a job, as described below.
The OPT unemployment limit: 90 days, and 150 with STEM
Under SEVP guidance in BCM 2101-01, you may accrue:
- Up to 90 days of unemployment during post-completion OPT.
- Up to 150 days in aggregate if you receive the 24-month STEM extension, meaning the 90 days plus an extra 60 days, counted across both periods.
Both limits are unchanged as of October 2026, and the proposed OPT fee rule does not touch them.
A few mechanics trip people up:
- Under SEVP guidance, the count starts on your EAD start date, not your graduation date.
- What counts as employment depends on the OPT type. On post-completion OPT, documented unpaid work related to your field can count. On STEM OPT, it must be paid work for an E-Verify employer under a signed I-983.
- Changing jobs doesn't reset the count. Gaps between employers add to the same total.
- Going over the limit is a status problem, not a paperwork problem. If you're close, talk to your DSO.
For practical ways to keep days off the clock without risking your status, see our guide on how to beat the OPT 90-day unemployment clock.
OPT reporting rules
Nothing reminds you to report, which is why careful people miss it. On post-completion OPT you report, through the SEVP Portal or your DSO depending on your school's process:
- Your employer's name and address, and your start date
- Any change of employer, and the end date of a job
- Changes to your own residential address or legal name
SEVP sets a deadline for each report, and your DSO will tell you how your school handles them. A missed report leaves your SEVIS record showing unemployment days you never had.
STEM OPT adds periodic validation reports, I-983 self-evaluations and reporting of material changes such as a new role, fewer hours or a new supervisor. Material changes often need an amended I-983, so tell your DSO before the change happens.
OPT travel rules
- Do not travel while an OPT or STEM OPT I-765 is pending. Our guide on traveling on OPT with a pending I-765 explains why.
- After approval, re-entry depends on your documents, usually a valid F-1 visa stamp, your EAD, an I-20 with a recent DSO travel signature and proof of employment. Your DSO tells you what your school requires.
- A new F-1 stamp generally means an in-person interview. The interview waiver ("dropbox") is gone for F-1, and since 2025-09-06 the State Department expects you to apply in your country of nationality or legal residence rather than a third country.
- Proclamation 10998 is in effect, unchanged since 2026-01-01. It covers 39 countries: 19 fully restricted and 20 partially restricted, and partial-list nationals are barred from F, M and J visas (Turkmenistan is the exception). Students already in the US are protected only until they leave. The State Department's suspension page lists the countries.
- Never plan around a remembered wait time. Check the live travel.state.gov visa wait times before you commit to a trip.
What is only proposed, and what is blocked
The OPT fees NPRM is proposed, not law. On October 8, 2026, DHS published "Optional Practical Training Fees" in the Federal Register. It would charge $70,000 before a student's initial OPT recommendation and $30,000 for each subsequent recommendation, and STEM OPT counts as subsequent. The SEVP-certified school would be the legal payer, though DHS says schools could pass the cost to students or employers. It could apply only to DSO recommendations dated 60 or more days after a final rule. The transition language suggests OPT that is already authorized would not be affected, but that is an inference from the text, not a stated guarantee. CPT is outside its scope. Comments close 2026-11-09. For who would pay in practice, see our breakdown of the proposed $70,000 OPT fee.
DHS has also said, in a January 2026 letter made public in February, that it is "re-evaluating the scope and duration" of OPT, including STEM OPT. No such rule has been published as of mid-October 2026.
The Duration-of-Status rule is blocked. On 2026-09-14 a federal court in Presidents' Alliance v. DHS (D. Mass. No. 1:26-cv-13799) postponed the rule and stopped DHS from implementing it. DHS appealed on 2026-09-30 (1st Cir. No. 26-2112), but the appeal does not revive the rule. USCIS says on its I-539 page that it is proceeding under the previous regulations. DHS says it will implement the rule if the order is lifted.
| Topic | Rule in effect today | Proposed or blocked change | What to do differently now |
|---|---|---|---|
| OPT fee | No OPT-specific fee; normal I-765 fee and optional $1,780 premium | $70,000 initial / $30,000 each subsequent (proposed) | Nothing owed; you may comment by 2026-11-09 |
| F-1 grace period | 60 days | 30 days under the D/S rule (blocked) | Plan around 60 days; treat pre-9/14 school pages with caution |
| Admission | Duration of status; no I-539 extension of stay needed | Fixed admission date (blocked) | Ignore advice built on a fixed end date; confirm with your DSO |
| Broader OPT/STEM OPT rule | Current OPT and STEM OPT rules | Under review; nothing published | Watch SEVP and Study in the States updates |
Enforcement: why "paper" OPT jobs are a real risk
SEVP's BCM 2603-02 (2026-03-23) described site visits to staffing and consulting firms that found empty offices, homes listed as worksites and students who "never actually showed up for work." It warned that employers and students risk referral for administrative or criminal investigation. An employer that reports you as working when you aren't doesn't protect your clock. It creates a record that won't match reality. If an offer looks like a paper-only job, talk to your DSO before you accept.
Common mistakes
- Treating a proposal as law. No OPT fee is owed today. Putting off a DSO recommendation because of a headline costs you time.
- Trusting a school page from before September 14, 2026 that says the grace period is 30 days. It is 60 days while the court order stands.
- Filing the 09/15/26 I-765 edition, which USCIS does not accept as of October 2026.
- Starting work before the EAD start date or before you have the card.
- Not reporting an employer change, so SEVIS shows unemployment you didn't have.
- Booking travel while the I-765 is pending.
- Taking an unrelated job just to stop the clock.
- Asking the wrong professional. Take SEVIS and OPT questions to your DSO. Take questions beyond F-1, such as H-1B timing, to a licensed immigration attorney. One can't stand in for the other.
Frequently asked questions
What is OPT and who is eligible for it?
OPT is temporary work authorization tied to F-1 status, not a separate visa. Broadly, you need valid F-1 status, at least one full academic year of full-time enrollment at an SEVP-certified school, a DSO recommendation in SEVIS, and a job directly related to your field. Your DSO confirms whether you qualify.
How many days of unemployment are allowed on OPT?
Up to 90 days on post-completion OPT, or 150 days in total with the 24-month STEM extension. Both are unchanged as of October 2026.
Do I have to pay a $70,000 OPT fee now?
No. The October 8, 2026 proposal ($70,000 initial / $30,000 each subsequent) is not final. Comments close November 9, 2026, the school would pay, and it could apply only to DSO recommendations dated 60+ days after a final rule.
Can I travel outside the US while my OPT application is pending?
The standard guidance is not to. If an emergency forces the question, talk to your DSO before booking.
Is the F-1 grace period still 60 days in October 2026?
Yes. The D/S rule that would have cut it to 30 days was blocked on September 14, 2026, and the September 30 appeal does not revive it.
Sources
- ICE SEVP, BCM 2101-01 on OPT unemployment; USCIS, Form I-765, G-1055 fee schedule and Form I-539
- Federal Register, OPT Fees NPRM (2026-10-08)
- Your own EAD, I-20 and I-94 govern over anything published here.
The OPT clock is real, but it is manageable when your search is aimed at employers who hire OPT and STEM OPT candidates. If you want help building that kind of search while you handle the compliance side with your DSO, talk to F1Jobs.
Frequently asked questions
What is OPT and who is eligible for it?
OPT, or Optional Practical Training, is temporary work authorization tied to F-1 student status, not a separate visa. Broadly, you must be in valid F-1 status, have been enrolled full time for at least one full academic year at an SEVP-certified school, receive a recommendation from your DSO in SEVIS, and work in a job directly related to your field of study. Your DSO confirms whether you meet the requirements for your specific program.
How many days of unemployment are allowed on OPT?
You may accrue up to 90 days of unemployment during post-completion OPT. If you receive the 24-month STEM OPT extension, the limit becomes 150 days in aggregate across post-completion OPT and STEM OPT combined. These limits come from SEVP guidance and are unchanged as of October 2026.
Do I have to pay a $70,000 OPT fee now?
No. DHS published a proposed rule on October 8, 2026 that would charge 70,000 dollars before an initial OPT recommendation and 30,000 dollars for each subsequent one, with STEM OPT counting as subsequent. It is only a proposal, comments close November 9, 2026, the school would be the legal payer, and it could apply only to DSO recommendations dated 60 or more days after a final rule.
Can I travel outside the US while my OPT application is pending?
The standard guidance is not to travel while an OPT or STEM OPT Form I-765 is pending, because leaving can disrupt the application and your ability to return in F-1 status. If an emergency forces the question, speak with your DSO before you book anything, since only they can tell you how your school and SEVIS record would be affected.
Is the F-1 grace period still 60 days in October 2026?
Yes. The Duration of Status rule that would have shortened it to 30 days was blocked by a federal court on September 14, 2026, and the DHS appeal filed September 30, 2026 does not revive it. The 60-day F-1 grace period after your program or OPT ends still applies, so treat older pages that say 30 days with caution and confirm with your DSO.