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.
As of November 11, 2026:
| Rule | Who it affects | Status | Key date |
|---|---|---|---|
| Proposed $70,000 OPT fee | F-1 students seeking OPT or STEM OPT | Proposed | Comments on the rule closed November 9; comments on its paperwork burden close December 7, 2026 |
| Ending the 60-day grace period | H-1B, L-1, O-1, TN, E and H-1B1 workers and dependents | Proposed | Comments closed November 10, 2026 |
| Removing deference on extensions | Workers whose employers file Form I-129 extensions | Proposed | Comments due November 13, 2026 |
| $103,265 H-1B fee proposal | Employers filing cap-subject H-1B petitions | Proposed | Comments closed September 24, 2026, with no final rule published as of November 9 |
| Duration of Status final rule | F-1 and J-1 students | Final but blocked | Appeal pending |
| SEVP CPT guidance | F-1 students using CPT | In effect, challenged | Ruling pending |
| H-4 EAD rollback | H-4 spouses of H-1B workers | Agenda item only | Listed as a long-term action, with no proposed rule published OPT Fee Proposed Rule, 2026 +4 |
A closed comment period does not turn a proposal into law. Here is the usual path:
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.
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
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.
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.
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
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 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.
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
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
Every situation is different. Confirm your plans with your designated school official or a qualified immigration attorney.
No. It is a proposed rule. The main comment period closed on November 9, 2026, and DHS has not published a final rule.
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.
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.
https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees
https://www.govinfo.gov/content/pkg/FR-2026-10-14/pdf/2026-20941.pdf
https://public-inspection.federalregister.gov/2026-18631.pdf