If you’re an international student on STEM OPT or thinking about applying for the extension, you’re probably wondering what 2026 has in store. The good news is that the STEM OPT program itself hasn’t been eliminated. The bad news is that the pathway from OPT to permanent employment has become significantly more challenging. Let me explain what’s happening and what it means for you, because at H1bVisajobs.com, we believe in giving you the straight facts.
The core STEM OPT extension remains unchanged – you still get 24 months of additional work authorization after your initial 12-month OPT. But the immigration landscape around it has shifted dramatically, making that work authorization more valuable and more complicated than ever.
The Duration of Status Proposal: What Could Change
On August 28, 2025, the Department of Homeland Security published a proposed rule that would fundamentally change how F-1 students maintain status. According to USCIS policy updates, the proposal would replace “duration of status” with fixed time periods of admission.
Under the current system, you’re admitted for “D/S” – duration of status. This means you’re in valid status as long as you’re pursuing your studies or authorized employment and maintaining F-1 requirements. No separate filings are needed if your program takes longer than expected.
The proposed change would admit F-1 students for a maximum 4-year period, tied to your I-20 program end date or OPT EAD end date. If your program plus OPT exceeds 4 years, you’d need to file an Extension of Stay using Form I-539, paying additional fees and waiting for USCIS processing.
How This Affects STEM OPT Students
Let’s do the math. A typical STEM master’s degree takes 2 years. Add 12 months of initial OPT and 24 months of STEM OPT extension, and you’re at 5 years total. That exceeds the proposed 4-year admission window.
This means STEM students would need to file extension applications with USCIS, adding administrative burden, costs, and uncertainty. Any delays in your program or OPT start dates could trigger additional extension filings. It’s bureaucracy layered on bureaucracy.
The good news is that this proposed rule is not yet finalized as of January 2026. Public comments were collected, and the final rule could be modified or delayed. But you should be prepared for the possibility that it takes effect.
The $100,000 H-1B Fee: Why STEM OPT Matters More
Here’s the bigger picture that every STEM OPT student needs to understand. The $100,000 supplemental fee on H-1B visas has made the STEM OPT extension dramatically more important.
Previously, the path was relatively straightforward: finish OPT, get an employer to sponsor H-1B, enter the lottery, and hopefully transition to H-1B status. The STEM extension gave you extra time if you weren’t selected in the first lottery attempt.
Now, with employers facing a $100,000 fee per H-1B petition, many are reconsidering whether to sponsor recent graduates at all. According to Department of Labor data, early indicators suggest a significant reduction in H-1B sponsorship for entry-level positions.
This makes your 36 months of total OPT work authorization incredibly valuable. It’s not just a bridge to H-1B – for some, it might be the primary work authorization they can obtain. Use it wisely. For more on H-1B changes, check our H-1B outlook analysis.
Change of Status vs. Consular Processing
Here’s a critical strategic consideration. The $100,000 fee applies to H-1B beneficiaries seeking to enter the U.S. in H-1B status. But Change of Status applicants – those already in the U.S. changing from one status to another – may have different treatment.
This means students on OPT who get selected in the H-1B lottery should strongly prioritize Change of Status over Consular Processing. Don’t leave the country if you don’t have to. Complete your status change while remaining in the U.S.
Consult with an immigration attorney to understand the nuances of your specific situation. The rules are complex and the stakes are high.
Cap-Gap Extensions: Still Available
If you’re on OPT and get selected in the H-1B lottery, but your OPT expires before October 1 when H-1B status begins, you can get a cap-gap extension. This automatic extension keeps you in valid status during the gap period.
Cap-gap extensions remain available, but given increased USCIS scrutiny and processing delays, don’t assume everything will go smoothly. Some students report uncertainty during this period, with employers’ legal teams unsure whether continued employment is authorized.
Keep documentation of your cap-gap extension readily available. Make sure your employer understands the rules. And have a backup plan if delays occur. Visit our immigration resources for cap-gap guidance.
The EAD Auto-Extension Rule: Good News for STEM OPT
In October 2025, USCIS changed the rules for automatic extension of expired Employment Authorization Documents. For most EAD renewals filed on or after October 30, 2025, the automatic extension has been eliminated.
But here’s the important exception: STEM OPT renewals and extensions are exempt from this change. They’re governed by a different regulatory provision. If you timely file your STEM OPT extension and your initial OPT expires while the application is pending, you still get the 180-day automatic extension.
This is one area where STEM students have protection that others don’t. Make sure you file your STEM OPT extension on time to preserve this benefit.
STEM OPT Requirements: What You Need
Let me review the core requirements for STEM OPT since understanding them is critical. First, you need a STEM degree on the designated list. The DHS STEM Designated Degree Program List includes hundreds of qualifying programs. Check if your degree qualifies.
Second, you must currently be on post-completion OPT from that STEM degree. Third, your employer must be enrolled in E-Verify. This is non-negotiable – no E-Verify enrollment, no STEM OPT.
Fourth, your position must be at least 20 hours per week and paid. Unpaid internships don’t qualify. Fifth, the job must be directly related to your STEM field of study. There needs to be a logical connection between your degree and your work.
You can apply up to 90 days before your OPT EAD expires. Don’t wait until the last minute. Processing times vary, and filing early protects you. For E-Verify employer verification, consult immigration attorneys who can help ensure compliance.
Unemployment Limits: Watch Your Days
STEM OPT has unemployment limits you must track carefully. During your initial 12-month OPT, you’re allowed up to 90 days of unemployment. During the 24-month STEM extension, you get an additional 60 days, for a combined total of 150 days.
These limits are cumulative across your entire OPT period. If you use 60 of your 90 days during initial OPT, you only have 90 days left for the entire STEM extension. Track your unemployment days meticulously.
Exceeding the limit puts you out of status, which can have serious consequences for future immigration applications. If you’re approaching the limit, take a lower-level job if necessary rather than exceeding it.
The I-983 Training Plan: Take It Seriously
The I-983 Training Plan is a formal agreement between you and your employer outlining your STEM OPT training. It’s not just paperwork – USCIS and your Designated School Official use it to evaluate whether your employment qualifies.
Make sure your I-983 accurately reflects your job duties and how they relate to your STEM degree. Include specific learning objectives and how your employer will help you achieve them. If your job duties change materially, you need to update the I-983.
Some students treat this as a formality and fill it out carelessly. Don’t make that mistake. A well-prepared I-983 can protect you if questions arise about your eligibility. Check our student resources for I-983 guidance.
Maximizing Your STEM OPT Period
Given the challenges in transitioning to H-1B, here’s my advice for maximizing your STEM OPT period.
First, target employers who are still willing to sponsor H-1B despite the fee. Large companies with deep pockets and committed talent strategies are more likely to absorb the cost. Research company sponsorship histories.
Second, build extraordinary credentials during your OPT. If you can demonstrate exceptional ability – through publications, patents, or recognition – you might qualify for an O-1 visa, which doesn’t have the $100,000 fee.
Third, explore cap-exempt employers. Universities, nonprofit research institutions, and certain other organizations can sponsor H-1B workers without the annual cap. A position at one of these employers bypasses the lottery entirely.
Fourth, consider geographic flexibility. Some employers have Canadian or other international offices. Working for a multinational gives you options if U.S. immigration becomes untenable.
Fifth, maintain perfect compliance. Any violation of OPT rules can jeopardize your status and future applications. Follow every requirement meticulously. For more strategies, visit our career planning resources.
Looking Beyond H-1B
The reality is that H-1B has become much harder to obtain. Smart students are exploring alternatives from the beginning.
O-1 visas for extraordinary ability don’t have annual caps or the $100,000 fee. If you have significant achievements in your field, this might be a path. EB-1 green cards for extraordinary ability or outstanding researchers are another option for exceptional candidates.
Some employers are willing to start the green card process while you’re on OPT, sponsoring you for EB-2 or EB-3 directly. This is rare but possible, especially if you bring valuable skills.
Entrepreneurship creates visa options too, though the path is complex. Starting a company that can sponsor you requires careful planning and significant resources.
Frequently Asked Questions
Q: Has the STEM OPT extension been eliminated?
A: No, the 24-month STEM OPT extension remains available. There are no current rules eliminating or shortening it.
Q: Does the duration of status proposal affect current students?
A: The proposal is not yet finalized. If implemented, it could require Extension of Stay filings for students whose programs plus OPT exceed 4 years.
Q: Can I still get an H-1B if my employer pays the $100,000 fee?
A: Yes, H-1B sponsorship is still possible if your employer is willing to pay the fee. However, many employers are reducing sponsorship for entry-level roles.
Q: What happens if I exceed the unemployment limit?
A: Exceeding the unemployment limit puts you out of status. This can affect future visa applications and your ability to remain in the U.S.
Q: Do I need E-Verify for the initial 12-month OPT?
A: No, E-Verify is only required for the STEM OPT extension. Initial OPT doesn’t have this requirement.
Q: Can I use STEM OPT twice?
A: Yes, you can use STEM OPT once per qualifying degree level. If you earn a second STEM degree at a higher level, you can apply again.