US student visa rule brings major changes to OPT process for Indian students

Indian students planning to work in the US through Optional Practical Training (OPT) after graduation will have to follow a new process under the revised F-1 visa regulations from September 15, 2026. Under the new framework, students whose fixed period of stay expires while they are on post-completion OPT will generally have to apply for both employment authorisation and an extension of stay.

The regulations replace the "duration of status" (D/S) system with a fixed period of admission. Students admitted after September 15, 2026, will receive an authorised stay for the length of their academic programme mentioned on Form I-20, or up to four years, whichever is shorter, followed by a 30-day departure period.

Temporary relief for eligible OPT applicants

The Department of Homeland Security (DHS) has introduced a transition provision for students already in the United States under the D/S system.


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Students who are maintaining valid F-1 status on September 15, 2026, and file Form I-765 for post-completion OPT on or before March 18, 2027, will not have to file Form I-539 for that period of OPT. The same exemption applies to eligible STEM OPT applicants who file Form I-765 before their current Employment Authorization Document (EAD) expires and on or before March 18, 2027.

The rule also states that students who leave the United States before filing an application for post-completion OPT or STEM OPT and are later admitted under the fixed-period system will have to file both Form I-765 and Form I-539.

Students with a timely filed Form I-765 already pending with US Citizenship and Immigration Services (USCIS) on September 15, 2026, will not have to submit a new employment authorisation application or file Form I-539 unless USCIS requests it.

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"The government did include a transition window, and it is the most valuable thing in this rule for students already here. If you were properly maintaining F-1 status on September 15, 2026, under the duration of status, and you file your Form I-765 on or before March 18, 2027, you are exempt from filing the I-539 for that period of OPT or STEM OPT. You file one application instead of two," Rajiv Khanna told ET.

Extension of stay, shorter grace period

Under the permanent framework, students whose authorised period of admission expires before completing post-completion OPT must apply for employment authorisation and either file an application to extend their stay with USCIS or seek admission through US Customs and Border Protection after travelling abroad.

Khanna said the changes would also affect students enrolled in longer academic programmes and those moving to OPT.

"STEM OPT students face a long-term hurdle, and there is a temporary safety valve. Under the permanent framework, if your fixed period of stay expires while you are on post-completion OPT, you file both an extension of stay and a work authorization application, doubling your paperwork and your filing fees," Khanna added.

The regulations also reduce the post-completion departure period from 60 days to 30 days for students admitted under the new system. The 30-day period may be used to prepare for departure from the United States or seek to maintain lawful status, including by filing an extension of stay or change of status application.

The rule further states that students who file an extension of stay application during the 30-day departure period will be considered to have filed on time for status purposes. However, they will not receive an automatic extension of employment authorisation and must wait for approval before beginning or continuing employment where such approval is required.

The Department of Homeland Security has reserved the discretion to extend the March 18, 2027, exemption period in six-month increments through a notice published in the Federal Register.