Court postpones duration of status rule nationwide; comments on DHS proposed OPT fee closed Nov. 9
Key points
- On Sept. 14, 2026, the District of Massachusetts postponed the D/S final rule (issued July 17, originally effective Sept. 15) nationwide under APA Section 705; the rule is not in effect.
- According to plaintiff NAFSA, the government appealed to the First Circuit on Sept. 30.
- OPT fee proposal: $70,000 per student for a first OPT and $30,000 for each later OPT (including post-completion OPT and STEM extensions) once the first fee is paid; under the proposed text, STEM extensions during the transition may be charged $70,000. Comments closed Nov. 9.
On Sept. 14, 2026, the U.S. District Court for the District of Massachusetts postponed the effective date of the Duration of Status (D/S) final rule nationwide under Section 705 of the Administrative Procedure Act (APA). The rule was set to take effect Sept. 15 and would have capped F and J status at four years. According to plaintiff NAFSA, the government has appealed to the First Circuit. Separately, DHS proposed on Oct. 8 that schools pay $70,000 for each F-1 student's first OPT recommendation and $30,000 for each later OPT (including STEM extensions) once the first fee is paid; DHS acknowledges schools may pass the cost on to students or employers. The comment period closed Nov. 9. Not legal advice.
What employers should do
- Monitor the appeal of the duration of status rule; the new rule is not currently in effect.
- Assess the hiring-cost impact if the OPT fee is finalized and schools pass it on to employers.
Policy details
- Jurisdiction
- Federal
- Status
- Court ruling
- Effective date
- —
- Employers covered
- International students in F and J status and their schools; OPT fees are paid by schools, and DHS acknowledges they may be passed on to students or employers
- Official source
- View official source ↗
Original report: govinfo.gov ↗AI-assisted brief; may contain inaccuracies. Rely on the original reports and official documents. For information only; not legal, immigration or insurance advice.