OPT grace period 2026: 60 days, and the 30-day rule on hold
After you finish your program or your OPT, the F-1 grace period is still 60 days under the rules USCIS applies today: a final rule published on 17 July 2026 would cut it to 30 days, but a federal court postponed it on 14 September 2026 and USCIS says it is applying the previous rules (USCIS, Form I-765 page, read on 30 October 2026).
Sources: U.S. Citizenship and Immigration Services, I-765, Application for Employment Authorization (page updated 7 October 2026); Federal Register, Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media (final rule, 91 FR 44976, 17 July 2026). Read on 30 October 2026.
Not legal or immigration advice. This page reports what USCIS, ICE (SEVP) and the Federal Register said on the date we read them. Your designated school official (DSO) and USCIS decide on your case, and rules can change quickly: check with your DSO and USCIS before you file.
What the July 2026 rule would change
- F-1 students would be admitted for a fixed period (up to 4 years) instead of "duration of status".
- The grace period after a program or OPT would be 30 days instead of 60.
- The last day to file for post-completion OPT, and the latest start date you can request, would move from 60 to 30 days after the program end date.
Source: Federal Register, Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media (final rule, 91 FR 44976, 17 July 2026). Read on 30 October 2026.
Where it stands
The rule was due to take effect on 15 September 2026. On 14 September 2026 the U.S. District Court for the District of Massachusetts postponed its effective date; USCIS writes: "Until such time, USCIS will proceed under the previous regulatory provisions." The online Code of Federal Regulations (eCFR) already shows the amended text (30 days, version of 30 September 2026); the previous text, with 60 days, is the version of 14 September 2026.
Sources: U.S. Citizenship and Immigration Services, I-765, Application for Employment Authorization (page updated 7 October 2026); eCFR, 8 CFR 214.2 (versions of 30 September 2026 and 14 September 2026). Read on 30 October 2026.
Your OPT filing window under both rules
Questions people ask
What is the OPT grace period in 2026?
60 days under the rules USCIS applies today. A final rule of 17 July 2026 would cut it to 30 days, but a federal court postponed it on 14 September 2026.
Is the OPT application deadline 60 or 30 days after graduation?
USCIS's Form I-765 page still says no later than 60 days after your program end date and says USCIS will proceed under the previous regulatory provisions while the court order stands.
Why does the online Code of Federal Regulations say 30 days?
The eCFR shows the text as amended by the rule from 15 September 2026. The court order postponed the rule's effective date; USCIS says it is applying the previous rules. Ask your DSO which dates SEVIS uses for you.
Can the 30-day rule come back?
Yes. USCIS writes that DHS disagrees with the order and will implement the rule if the order is lifted. Check this page and your DSO.