New US visa rule gives OPT students temporary extension filing exemption

The final rule issued by the Department of Homeland Security (DHS) which has eliminated the duration of status (D/S) regime, with one which grants a fixed tenure of stay to international students, provides for a transition for those undergoing optional practical training (OPT).DHS clarifies that students in the US who timely filed for post-completion optional practical training (OPT) or science, technology, engineering and mathematics (STEM) OPT on or before six months of the final rule’s effective date do not need to apply for an extension of stay (EOS). The final rule comes into effect from Sept 15.Abhinav Tripathi, immigration attorney told TOI, “For the first six months after the rule takes effect, eligible students may continue using today’s OPT and STEM OPT filing process without first filing a separate Form I-539 to extend F-1 status. DHS may extend that exception in additional six-month increments.”As explained by TOI earlier, international students who are in the US under D/S on the rule's effective date can continue to remain until their programme end date on their Form I-20 or the end of approved OPT/STEM OPT. However, this is subject to an overall cap of four years from the effective date – (it cannot exceed Nov 14, 2030, which is four years plus a 60-day departure period).According to the Open Doors 2025 report, 1.4 lakh Indian students in the US were undergoing OPT in the 2024–25 academic year, underscoring the significance of the transition provisions in the DHS final rule.Also read: September 15 cutoff for F-1 students seeking ‘duration of status’ protectionTripathi states that international students planning to apply for OPT should be especially cautious before traveling internationally. A student who departs the United States before filing Form I-765 (application for employment authorization) and is later readmitted under the new fixed-admission framework generally loses the temporary OPT filing exception and must file both Form I-765 and Form I-539 (application for extension of stay in the US). That is one of the most significant practical consequences of international travel under the new rule.