2026 DHS Rule Tracker: OPT Fee, Grace Period & H-1B Status

Several major Department of Homeland Security (DHS) proposals affecting international students and H-1B workers reached their comment deadlines this month. None of them is in effect today. This tracker shows where each rule stands, what happens next, and which of our guides covers it in detail.

We update this page as rules move forward.

Quick answer

As of November 11, 2026:

• The OPT fee, the plan to end the 60-day grace period, the plan to remove deference on extensions and the $103,265 H-1B fee are all proposed rules, not law.
• The Duration of Status (D/S) final rule is blocked by a federal court.
• SEVP’s August 2026 CPT guidance is in effect but being challenged in court, with no ruling yet.
• The H-4 EAD rollback is only on DHS’s long-term agenda. No proposed rule has been published.

2026 DHS rule status at a glance

What happens after a comment period closes?

A closed comment period does not turn a proposal into law. Here is the usual path:

1. DHS reviews the comments. It must consider them, and it can change the proposal, delay it or withdraw it.
2. A final rule is drafted. A final rule of this kind ordinarily goes through White House regulatory review before it can take effect. immigration-analytics
3. The final rule is published in the Federal Register with an effective date.
4. Lawsuits may follow, which can pause a rule, as happened with the D/S rule.

There is no fixed deadline for DHS to finalise a proposal. The best signal to watch is a final rule appearing in the Federal Register.

What each proposal would change

The OPT fee

The proposal would require the school, not the student directly, to pay $70,000 before a student’s first OPT recommendation and $30,000 before each later one, with STEM OPT counting as a later recommendation. Schools could pass that cost on. f1jobs

Two points matter for students. First, DHS proposed that the final rule take effect 60 days after publication, with the fee applying to DSO recommendations dated on or after that effective date. Second, the proposal states that it covers OPT only and does not address CPT. federalregistergomigratio

Ending the 60-day grace period

Today, H-1B and certain other workers can receive up to 60 days to find a new job, change status or leave after their employment ends. Under the proposal, a worker and their dependents would need to leave the U.S. on the day employment ends to avoid falling out of status. federalregister

This proposal covers employment-based workers, not F-1 students. F-1 grace periods are a separate issue.

Removing deference on extensions

The proposal would delete 8 CFR 214.1(c)(5), which generally tells USCIS to defer to its earlier approval when the same parties file an extension based on the same facts. Officers could still consider a prior approval, but they would no longer start from a position of deference. cbimmigrationlawvitallaw

In practice, extensions could face more scrutiny and more Requests for Evidence.

The $103,265 H-1B fee

DHS proposed this fee on August 25, 2026, for all cap-subject H-1B petitions, including advanced-degree cap petitions. It is separate from the $100,000 proclamation payment. F-1 and OPT students moving to H-1B should watch it, because employers may factor it into sponsorship decisions. interviewersignal

Rules already decided, held up in court, or not yet proposed

Duration of Status

DHS published the final rule replacing D/S with fixed admission periods on July 17, 2026. A federal court in Massachusetts postponed it before its planned September 15 start date. DHS appealed to the First Circuit on September 30. fragomenhenryknows

On November 3, the government asked the appeals court to pause the appeal for 30 days, and the D/S framework remains in place nationwide. nafsa

SEVP’s CPT guidance

SEVP’s two August broadcast messages told school officials that CPT is available only when every student in the program is required to complete the training. Universities sued. A judge heard arguments on November 6 and took the matter under advisement, so no decision has been issued. immigration-analyticshenryknows

For what this means for you, see our guides to 2026 CPT changes and Day 1 CPT risks.

H-4 EAD rollback

DHS has listed a plan to end work permits for H-4 spouses, but as of October 22, 2026, the H-4 EAD rule remained in effect and no rule rescinding it had been published. If DHS publishes a proposal, a public comment period would follow before any final rule. lawfirm4immigrants

Does the new Congress change any of this?

Not directly. These are agency rules, not bills. The OPT fee, for example, is a DHS proposed rule rather than legislation, so it does not expire when the current Congress ends. Congress can hold oversight hearings or pass laws, but that takes time. Our guide to what the midterms can and can’t change covers pending bills. f1jobs

What F-1, OPT and H-1B students should do now

• Follow current rules, not proposals. Plan around what is in effect today.
• If you’re on OPT or graduating soon, talk to your DSO about timing. A final OPT fee would apply only to recommendations made after its effective date.
• If you’re an H-1B worker, keep your documents ready in case of a layoff. If the grace period is removed, there may be no time to prepare.
• If your employer plans an extension, expect a fuller review and file well before your status expires.
• If you hold an H-4 EAD, keep renewing on time. Your current work permit is not affected by the agenda listing.
• Check this page for updates when final rules or court rulings arrive.

Every situation is different. Confirm your plans with your designated school official or a qualified immigration attorney.

Frequently asked questions

Is the $70,000 OPT fee in effect?

No. It is a proposed rule. The main comment period closed on November 9, 2026, and DHS has not published a final rule.

Has the H-1B 60-day grace period been eliminated?

No. The proposal’s comment period closed on November 10, 2026, but the current 60-day grace period remains in effect until a final rule takes effect.

Can I still comment on the deference proposal?

Yes, until November 13, 2026, through Regulations.gov under docket USCIS-2026-0529.

Unsure how these rules affect your plans? Book a consultation with our team.

Sources:

• https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees

• https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility

• https://www.govinfo.gov/content/pkg/FR-2026-10-14/pdf/2026-20941.pdf

• https://public-inspection.federalregister.gov/2026-18631.pdf