DHS Moves to Eliminate Duration of Status: Day-1 CPT Is Probably Over

The Department of Homeland Security has sent its final rule eliminating Duration of Status (D/S) for F-1 students, J-1 exchange visitors, and I visa holders for final review and clearance. Once published, the rule will impose hard caps on how long these visa holders may remain in the US and will close off several strategies that thousands of students and employers have relied on for work authorization.

This alert focuses on what the rule means for companies and employees using or planning to use Optional Practical Training and Curricular Practical Training.

What Changes Under This Rule

The rule replaces the open-ended Duration of Status framework with a fixed four-year admission period for most F-1 students. That clock includes time already spent in F-1 status. Many current students are closer to their limit than they realize.

Other immediate consequences:

• Day-1 CPT is effectively prohibited. The rule requires employers and schools to demonstrate that CPT employment is genuinely integral to the academic program, not primarily a mechanism for obtaining work authorization. DHS gains explicit authority to scrutinize and penalize schools whose programs appear designed around employment access rather than education. Programs that cannot meet this bar will face regulatory action.
• Re-enrollment to reset CPT eligibility is gone. The strategy of enrolling in a second master's program at the same or lower level to restart CPT clock is explicitly prohibited under the rule.
• The grace period after program completion drops from 60 to 30 days. Students must depart or change status within that window.
• Unlawful presence accrues automatically the day the fixed period expires. This is the most serious consequence. Under current D/S rules, unlawful presence does not begin until USCIS makes an adverse finding. Under this rule, the moment the four-year clock runs out, unlawful presence begins accumulating. Accumulation of more than 180 days triggers a three-year bar from the US. More than one year triggers a ten-year bar. Students and employees who lose track of their dates face life-altering consequences.

Why This Matters for Employers

Companies that have hired or are considering hiring workers through Day-1 CPT, OPT, or STEM OPT pipelines face both immediate workforce and compliance exposure.

• Workers currently on Day-1 CPT authorization may lose that status depending on when the rule takes effect and how the transition provisions are written. Payroll and I-9 compliance teams need to assess the workforce now.
• The re-enrollment strategy used by many employees to bridge between F-1 and H-1B sponsorship will no longer be available. Anyone currently using that pathway needs an alternative plan before the rule is effective.
• The 30-day grace period means onboarding timelines built around a 60-day buffer are no longer viable. Start dates for OPT hires need to be recalibrated.
• Unlawful presence exposure among your workforce creates risk beyond the individual employee. I-9 audits, debarment considerations, and employer liability issues all become more acute when employees are unknowingly accumulating unlawful presence.

Recommended Action Items for Employers

• Audit every F-1 worker on your payroll now. Identify their original entry date, current status type (OPT, STEM OPT, CPT, D/S), and remaining time under the proposed four-year framework. The clock has likely been running since they first entered in F-1 status.
• Identify all Day-1 CPT employees and assess their path forward. Those workers will need either a timely transition to OPT/STEM OPT where eligible, or accelerated H-1B sponsorship. Do not wait for the rule's effective date.
• Stop any re-enrollment strategies in progress. If any workers or candidates are using or planning to use a second enrollment to restart CPT eligibility, that strategy should be discontinued immediately. It is explicitly prohibited under the rule.
• Update onboarding and start-date processes. The grace period after completion is 30 days. Background checks, I-9 processing, and offer acceptance timelines all need to be adjusted.
• Review H-1B sponsorship pipelines. Employees who are on any form of F-1 work authorization and approaching the end of their four-year window need confirmed H-1B sponsorship timelines. The next lottery cycle may not provide enough runway for employees already at or near the limit.
• Submit public comments before the comment window closes. Employers with material reliance on international student labor have standing to comment on this rulemaking. Comments can be submitted individually or coordinated through an industry association. Contact our office for assistance.

Recommended Action Items for F-1 Employees and Students

• Calculate your four-year clock immediately. The clock runs from your first US entry in F-1 status, not from your current program start date. Pull your full travel and I-94 history and confirm your remaining time with an immigration attorney.
• Do not re-enroll to reset CPT eligibility. This is now prohibited. Anyone who has been advised to pursue a second master's or lower-level enrollment as a bridge strategy should stop and consult counsel about alternatives.
• Treat the grace period as 30 days, not 60. Plan your departure, OPT application, or status change around that shorter window. There is no buffer built into the new framework.
• Understand the unlawful presence consequences. If your fixed admission period expires and you have not extended, changed status, or departed, unlawful presence begins accruing that same day. More than 180 days triggers a three-year bar. More than one year triggers a ten-year bar. This is not a paperwork issue. It can prevent you from returning to the US for years.
• Begin H-1B conversations with your employer now. If you are on any form of F-1 work authorization, your runway is shorter than it was last year. H-1B sponsorship requires employer commitment, payroll integration, and lottery participation. That process takes time your status may not allow you to waste.
• Preserve all documentation. Every I-20, EAD card, travel record, and visa stamp in your history will matter for any extension or change of status application. Organize those records now.

What Happens Next

The rule has been finalized and submitted to OMB for final review and clearance. Once cleared, it will be published in the Federal Register as a final rule with an effective date.  Legal challenges are anticipated and will likely follow publication, but they do not guarantee a stay of the rule's effective date.

This is the most consequential change to F-1 administration in decades. Now is the time to assess your exposure, restructure affected workflows, and identify alternative pathways.

Questions about your specific situation? Contact Vanguard Visa Law PC at info@vanguardvisalaw.com.

This alert is for general informational purposes only and does not constitute legal advice. Please consult with an immigration attorney regarding your individual circumstan

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