For most employees already working in valid OPT or STEM OPT status, nothing changes automatically on September 15, 2026.

The most immediate change will arise after international travel. 

An employee who reenters the United States may receive a fixed I-94 expiration date instead of open-ended “duration of status,” or D/S.

Longer term, the rule also changes how students and employers should think about extensions, future study and Day 1 CPT. The practical message is simple: review travel, track the right documents and plan earlier.

The Biggest Immediate Change: International Travel

A current OPT or STEM OPT employee who remains in the United States may continue under the applicable transition rules. 

Travel on or after September 15, however, may place the employee into the new fixed-date system.

• Review international travel before departure.
• After return, retrieve the new I-94 immediately and confirm the F-1 classification and expiration date.
• Check whether the passport expiration date caused CBP to shorten the I-94.
• Correct an inaccurate I-94 promptly.

No immediate employer-wide I-94 review is needed solely because the rule takes effect. The practical trigger for most current OPT and STEM OPT employees is travel or a later filing that requires additional F-1 time.

Four Documents to Track

After travel or when planning the employee’s next immigration step, consider reviewing these documents together:

• EAD: the current work-authorization deadline
• Form I-20: the program, OPT or STEM OPT information
• Form I-94: the authorized period of F-1 stay
• Passport: a possible limit on the I-94 period after travel

These dates may not be the same. The EAD controls current employment authorization, while the I-94 controls how long the employee is admitted to remain in F-1 status.

What About OPT to STEM OPT?

The new rule may require Form I-539 in addition to the usual STEM OPT filing, but an important transition exception may help some current F-1 employees. The answer depends on the employee’s D/S status, filing window and whether Form I-765 can be filed by March 18, 2027.

Watch our August Q&A

My F-1 OPT employee will apply for STEM OPT in 2027. Will they need Form I-539, or is there an exception? What happens with Form I-9?

Watch the short explanation on YouTube and download the companion Q&A resource.

Is Another Degree or Day 1 CPT Still an Option?

Possibly, but another academic program should no longer be treated as an automatic backup after an unsuccessful H-1B cap season.

• The rule restricts movement to another program at the same or a lower educational level in certain circumstances.
• A student who already completed a U.S. master’s degree may need to consider a higher-level program, depending on the transition rules and individual history.
• Day 1 CPT remains available in appropriate cases, but the program must be legitimate, properly authorized and permitted under the student’s educational progression.
• Current students already using Day 1 CPT should confirm how the transition rules, travel and future program changes affect them.

What Employers Should Do Now

• Identify employees working under OPT, STEM OPT or Day 1 CPT.
• Ask employees to raise international travel proactively before departure.
• Review the new I-94 after travel and track it with the EAD, I-20 and passport.
• Evaluate future study and immigration options before the final months of work authorization.

Practical Employer Takeaway

Review travel. Track four documents. Plan future options earlier.

For current OPT and STEM OPT employees, the most immediate issue is international travel and the new fixed-date I-94. 

Longer term, employers and employees should evaluate STEM OPT, another degree and Day 1 CPT carefully because the available path may depend on transition rules, timing and the employee’s individual history.

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Practice note: Immigration guidance will continue to evolve. This resource provides general information and is not intended as legal advice. Individual cases should be reviewed based on the employee’s immigration documents, travel history, status, and filing timeline.