New F-1 Visa Rules: Duration of Status, Cap-Gap, and STEM OPT

The new F-1 visa rules taking effect through 2025 and into 2026 tighten screening at the consulate, add social media review to benefit adjudications, raise premium processing to $1,780 for OPT filings, and broaden the STEM OPT degree list by 27 fields. The core framework students live under — CPT, OPT, unemployment limits, SEVIS reporting, and grace periods — has not been rewritten, but the margin for error is smaller and the paperwork is heavier. What follows is what actually changed, and what you need to do about each piece.

What Changed in 2025 and 2026

Starting in September 2025, the Department of State scaled back its visa interview waiver program. Most nonimmigrant visa applicants, including F-1 and F-2 holders renewing their visas, must now attend an in-person interview at a U.S. embassy or consulate. If you plan to renew your F-1 visa abroad, build extra time into your travel for scheduling and attending that appointment.

The State Department issued guidance in mid-2025 implementing expanded screening and vetting procedures for nonimmigrant visa applicants, including student categories. USCIS followed in April 2025 by announcing that it would review the social media activity of foreign nationals when evaluating immigration benefit applications. That review reaches F-1 holders filing for OPT, change of status, and other benefits. Content on platforms like X, Instagram, and Facebook is now part of adjudication.

In early 2026, USCIS paused some immigration benefit applications for individuals of certain nationalities, based on country of birth and travel documents. In January 2026, USCIS also introduced new photo and biometric requirements, eliminating self-submitted photographs for certain filings. Expect longer processing timelines and more documentation requests than in prior years.

The premium processing fee for Form I-765 filed by OPT and STEM OPT applicants rose to $1,780.¹ The base I-765 filing fee varies depending on whether you file online or by mail. USCIS adjusts fees regularly, so confirm the current amount using the USCIS Fee Calculator before you submit.

Green Card Petitions and Student Status

USCIS guidance in its Policy Manual confirms that an F-1 student can be the beneficiary of a pending or approved permanent labor certification or immigrant visa petition without automatically losing student status.² What still matters is that you intend to leave when your authorized stay ends. A green card application in the pipeline does not, by itself, prove you lack that intent.

Officers are told to look at the full picture rather than treat an immigrant filing as an automatic disqualifier.² Be ready to show ties to your home country if asked: family, property, employment prospects abroad. The burden has not disappeared. It has just become more reasonable.

The Expanded STEM OPT Degree List

DHS added 27 fields to the STEM Designated Degree Program List, broadening which graduates qualify for the 24-month STEM OPT extension on top of the standard 12-month post-completion OPT.³ Together, that gives eligible students up to 36 months of work authorization after graduation.

New additions include landscape architecture, mathematics and computer science, data science, data analytics, data visualization, business analytics, climate science, cognitive science, sustainability studies, developmental and adolescent psychology, actuarial science, and financial forensics.³ Each program is identified by a specific Classification of Instructional Programs (CIP) code, and your degree’s CIP code must match one on the official list at the time you apply. Check the CIP code on your Form I-20 against the current list. If it does not match, talk to your DSO before filing.

When to File

You can file Form I-765 for STEM OPT as early as 90 days before your current OPT employment authorization expires, but you must also file within 60 days of the date your DSO enters the STEM OPT recommendation into SEVIS.⁴ Both deadlines apply at once. Miss either and the application is denied. Coordinate with your international student office early so the DSO recommendation and your filing window line up.

CPT, OPT, and the Trap Between Them

F-1 students have two main off-campus work paths, and the distinction between them matters more than most students realize.

Curricular Practical Training

CPT is employment authorization tied directly to your curriculum. The work must be an integral part of your academic program. Your DSO authorizes CPT for a specific employer, and you need to have been enrolled full-time for at least one full academic year before you are eligible. Graduate students whose programs require immediate practical experience can sometimes get an exception.⁵

The trap: if you accumulate 12 months or more of full-time CPT, you lose OPT eligibility entirely.⁵ Full-time CPT means more than 20 hours per week. Part-time CPT does not count toward that 12-month threshold. Before you accept a full-time CPT position, do the math on how it will affect your post-graduation options.

Optional Practical Training

OPT lets you work in a position directly related to your major field of study for up to 12 months after graduation, with the 24-month STEM extension available if your degree qualifies.⁶ Your DSO recommends OPT in SEVIS, and you then file Form I-765 with USCIS for the actual work authorization.

Working at a startup, or founding your own, is possible under OPT, but the rules are strict. The business must provide a genuine employer-employee relationship, and the work must relate directly to your degree. Founders still need someone who can supervise and evaluate their training, and the entity must be legitimate enough to meet the reporting and oversight obligations on the Form I-983 training plan. Corners cut here are one of the fastest ways to lose work authorization.

The Form I-983 Training Plan

Every STEM OPT participant needs a completed Form I-983. It is the formal training plan between you and your employer, and it requires more than a job description. Your employer must describe how the role connects to your STEM degree, lay out specific learning goals and skills you will develop, and certify on-site supervision from experienced staff.⁷

The employer also attests that compensation, duties, and hours are comparable to what similarly situated U.S. workers receive, and that the STEM OPT student is not replacing an American worker.⁷ The position must involve at least 20 hours of work per week. DHS can conduct site visits to verify that the employer can actually deliver the training described. Treat the I-983 as a living document. Material changes to your role, compensation, or employer require an updated plan and prompt reporting to your DSO.

Unemployment Days on OPT

During your initial 12-month post-completion OPT, you cannot accumulate more than 90 aggregate days of unemployment.⁸ On the 24-month STEM OPT extension, the total limit rises to 150 days, but that figure includes any unemployment days from your initial OPT.⁹ The counter runs every day you do not have qualifying employment, weekends included.

Exceeding the limit is not just administrative. If you pass 90 days without employment during initial OPT, your status is at risk and you may need to depart the United States. You also forfeit the 60-day grace period that would otherwise follow the end of your OPT. Track your days from the moment your EAD start date arrives, and report any job loss to your DSO within 10 days.

Cap-Gap Protection During the H-1B Transition

If your employer files a cap-subject H-1B petition on your behalf while you are on OPT, you may qualify for an automatic extension of both your F-1 status and your OPT work authorization, covering the gap between the end of your OPT and the start of H-1B status. USCIS calls this the cap-gap extension, and it activates once the H-1B change-of-status petition is properly and timely filed.¹⁰

The extension is automatic. You do not file a separate application or receive a new EAD card. Your DSO issues an updated Form I-20 reflecting the OPT extension, and that document serves as your proof of continued work authorization.¹⁰ If the H-1B petition is approved, the extension continues until April 1 of the fiscal year for which H-1B status was requested, or the validity start date of the approved petition, whichever comes first. If the petition is denied or withdrawn, the extension ends and you typically have a short window to depart.

SEVIS Reporting Deadlines

Staying in valid F-1 status requires more than attending classes and holding a job. Federal regulations require you to report changes to your personal information within 10 days, including your home address, employer name and address, and employment status. STEM OPT students have additional obligations beyond what initial OPT requires.¹¹

Every six months, STEM OPT students must work with their DSO to validate their SEVIS record, confirming name, address, employer information, and current employment status. You will also submit two self-evaluations describing your training progress: the first due 12 months after your STEM OPT start date, and the final one at the end of the 24-month training period, due no later than 10 days after that period concludes.¹¹

Changing employers has its own timeline. Submit a new Form I-983 to your DSO within 10 days of starting the new position, and file the final self-evaluation for the previous employer within 10 days of leaving that job.¹¹ Material changes to your training plan, such as a pay cut not tied to reduced hours, a significant decrease in weekly hours, or a change to the employer’s EIN, must also be reported. The SEVP Portal sends email reminders 30 days before reports and self-evaluations are due. Do not rely on those alone.

Also verify that your DSO has completed any time-sensitive actions on their end, particularly around initial registration and the start of each term. SEVIS can automatically terminate a student record when registration deadlines are missed, with termination reasons such as “No Show” or “Failure to Enroll.”¹²

Grace Periods After You Finish

After completing your degree and any authorized practical training, federal regulations give you a 60-day grace period to prepare for departure, transfer to a new school, or apply for a change of status.¹³ You cannot work or attend classes during this period unless you have separate authorization, such as an approved OPT application or an I-20 for a new program.

Three things catch students off guard. The grace period begins on the earlier of two dates: the day after your I-20 program end date or the day after you actually complete your degree requirements, even if your I-20 lists a later end date. You cannot reenter the United States on your F-1 visa during the grace period if you travel internationally. And if your DSO authorized you to withdraw from classes, the departure window shrinks to 15 days.¹³ If you fell out of status without DSO approval, you do not receive any grace period at all.

Students who completed OPT or STEM OPT also receive a 60-day grace period after their employment authorization end date, but only if they did not exceed the cumulative unemployment limit. Passing the 90-day or 150-day ceiling forfeits this grace period entirely.

Falling Out of Status and Unlawful Presence

Losing F-1 status carries consequences well beyond losing your current authorization. F-1 students are typically admitted for “duration of status,” meaning your authorized stay lasts as long as you maintain valid student status plus any applicable grace periods. Once your status ends, you begin accruing unlawful presence.¹⁴

More than 180 days but less than one year of unlawful presence triggers a three-year bar on reentry after you depart. One year or more triggers a ten-year bar.¹⁴ These bars apply once you leave and try to come back. A student who overstays by six months and returns home may be unable to obtain any U.S. visa for years.

If your post-completion OPT application is denied because you failed to maintain F-1 status, there is no 60-day grace period. You must depart the United States immediately.⁸ The status violations that most often lead here are predictable: dropping below a full course load without DSO authorization, working without proper authorization, and failing to report changes on time.¹⁵ Each year, students lose status over preventable mistakes.

Taxes and Your Social Security Number

Every F-1 student present in the United States during the tax year should file Form 8843, which establishes your status as an exempt individual for the substantial presence test.¹⁶ File it even if you earned no income. It keeps the IRS from counting your days in the U.S. toward the test that would otherwise classify you as a resident alien for tax purposes.

If you earned income from wages, scholarships, fellowships, or other U.S. sources, you will also need to file Form 1040-NR. The deadline is generally April 15 if you had wages subject to U.S. income tax withholding. Without withheld wages and without a U.S. office or place of business, the deadline extends to June 15.¹⁷

You need a Social Security Number to work legally and file taxes, but the Social Security Administration will not issue one just for school enrollment. You must have DHS work authorization first. Once you have an authorized job, start your SSN application online, then visit a local Social Security office within 45 days with your unexpired passport, Form I-94, Form I-20, and proof of employment.¹⁸

For on-campus employment, you need a letter from your DSO confirming your student status, identifying the employer, and specifying the start date and hours. For CPT, your Form I-20 with the employment page signed by your DSO serves as the proof. If you have an EAD card from OPT, bring that instead.¹⁸ Wait at least 48 hours after reporting to your school before applying, since the SSA needs time to verify your immigration status with DHS. Photocopies and notarized copies are not accepted.

1
U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
2
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 2 Part F Chapter 2 – Eligibility Requirements
3
Federal Register. Update to the Department of Homeland Security STEM Designated Degree Program List
4
U.S. Citizenship and Immigration Services. Optional Practical Training Extension for STEM Students (STEM OPT)
5
Study in the States. F-1 Curricular Practical Training (CPT)
6
U.S. Immigration and Customs Enforcement. SEVP Policy Guidance: Practical Training – Determining a Direct Relationship Between Employment and a Students Major Area of Study
7
U.S. Immigration and Customs Enforcement. Training Plan for STEM OPT Students (Form I-983)
8
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 2 Part F Chapter 5 – Practical Training
9
Study in the States. Unemployment Counter
10
U.S. Citizenship and Immigration Services. Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students
11
Study in the States. Students: STEM OPT Reporting Requirements
12
U.S. Immigration and Customs Enforcement. SEVIS Reporting Requirements for Designated School Officials
13
eCFR. 8 CFR 214.2
14
U.S. Citizenship and Immigration Services. Unlawful Presence and Inadmissibility
15
Study in the States. Maintaining Status
16
Internal Revenue Service. About Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition
17
Internal Revenue Service. Taxation of Nonresident Aliens
18
Social Security Administration. International Students and Social Security Numbers