CPT vs. OPT vs. STEM OPT: F-1 practical training rules in 2026

Key takeaways

• The proposed $70,000 / $30,000 OPT fee is only a proposal — it is not in effect, and the comment period closes November 9, 2026.
• No new nationwide cap on CPT was identified. CPT must be part of your curriculum and authorized by your DSO before you start work.
• 12 months or more of full-time CPT ends OPT eligibility at that education level. Part-time CPT does not.
• Pre-completion OPT comes out of the same 12-month OPT pool as post-graduation OPT (full-time one-for-one, part-time at half rate).
• Eligible STEM graduates can still request a 24-month STEM OPT extension.
• A September 14, 2026 court order postponed the fixed-admission rule’s effective date. Check for later court or agency action before relying on its status.

Quick answer: what the rules actually are right now

• CPT: curriculum-based and authorized by the DSO before work begins. Most students need one full academic year first; a narrow graduate-program exception applies.
• CPT and later OPT: at least 12 months of full-time CPT at the same education level makes you ineligible for OPT at that level — an OPT-eligibility threshold, not a general CPT limit.
• OPT during school: pre-completion OPT reduces the OPT you have left after graduation.
• STEM OPT: a conditional 24-month extension of post-completion OPT, subject to degree, employer, and training-plan requirements.
• 2026 developments: a proposed fee is not an enacted fee. A court postponed the separate fixed-admission rule’s effective date; its latest litigation status needs checking.

Could a proposed $70,000 OPT fee change your plans?

On October 8, 2026, DHS published a proposed rule describing a $70,000 fee for initial OPT and a $30,000 fee for subsequent OPT through an SEVP-certified institution. These proposed amounts are separate from the ordinary Form I-765 application fee. Students and employers should review the official proposal with their school before making financial plans.

The cited document is a proposal, not a final rule establishing a payment requirement. The Federal Register lists November 9, 2026 as the general comment deadline. A proposal alone does not change the 12-month OPT framework, CPT eligibility requirements, or conditional 24-month STEM extension.

CPT vs. OPT: who authorizes your internship?

Curricular Practical Training (CPT) is work authorization tied to your academic program. The training must be an integral part of an established curriculum and directly related to your major. Your school must authorize the specific employment in SEVIS and issue an endorsed Form I-20 before you start. CPT is employer- and date-specific and does not require a USCIS work permit (EAD).

• General rule: you have completed one full academic year of full-time study at an SEVP-certified school.
• Narrow exception: a graduate student may get CPT in the first semester when the program requires immediate participation in the training.
• Schools may apply stricter standards than the federal minimum. You cannot decide on your own that an internship qualifies as CPT.
• The 12-month point: 12 or more months of full-time CPT eliminates OPT eligibility at the same education level, including full-time CPT at a prior school at that level. Part-time CPT does not use up OPT eligibility.

Does pre-completion OPT reduce post-completion OPT?

F-1 students may generally receive up to 12 months of OPT at each higher education level. Pre-completion OPT (used before you finish) and post-completion OPT (used after) share that 12-month pool.

• Full-time pre-completion OPT is deducted one-for-one: 4 months used leaves about 8 months after graduation.
• Part-time pre-completion OPT is deducted at half rate: 4 months used leaves about 10 months after graduation.
• While school is in session, pre-completion OPT is generally limited to 20 hours per week; full-time may be possible during official breaks.
• You must have completed one full academic year, and the work must relate directly to your major.
• Using all 12 months before graduation leaves no ordinary post-completion OPT to extend.
• A DSO recommendation alone is not work authorization. You must file Form I-765, receive USCIS approval and an EAD, and wait for the start date before working.

Who qualifies for the 24-month STEM OPT extension?

A qualifying F-1 student on post-completion OPT may request a 24-month STEM OPT extension. It extends eligible post-completion OPT; it is not a separate, unrestricted work period.

• Your degree's CIP code must be on the DHS STEM Designated Degree Program list.
• The job must be directly related to your STEM degree, at least 20 hours per week, with a qualifying employer.
• The employer must be enrolled in E-Verify, and you and the employer must complete Form I-983 (training plan).
• File Form I-765 up to 90 days before your current OPT EAD expires, no later than its expiration, and within 60 days of the DSO's recommendation.
• If you used your full 12 months of OPT before graduation, there is generally no post-completion OPT on which to base a STEM extension.

What happened to the F-1 fixed-admission rule?

DHS published a fixed-admission final rule on July 17, 2026 with a scheduled September 15, 2026 effective date. On September 14, the U.S. District Court for the District of Massachusetts issued an order postponing that effective date under section 705 of the Administrative Procedure Act.

That order is evidence of a postponement, not a permanent cancellation of the rule. Do not treat the rule’s planned admission or departure-period changes as operative solely because a final rule was published. Later court orders and agency instructions must be checked before giving current-status advice; the September order alone does not establish the litigation’s status today.

Can H-1B cap-gap extend F-1 status and OPT until April 1?

A DHS rule effective January 17, 2025 extended cap-gap relief for certain F-1 students with a timely filed, cap-subject H-1B petition requesting a change of status. For eligible students, the extension generally ends April 1 of the relevant fiscal year or earlier on the approved petition’s validity start date. Status relief does not automatically mean every student can keep working: employment authorization depends on the student’s circumstances. An H-1B registration or lottery selection alone does not provide cap-gap work authorization — a qualifying petition must be filed.

Checklist before you accept an internship or job

• Confirm your academic level, full-time enrollment history, and all prior CPT and OPT at that level.
• For CPT: verify curriculum fit, employer and dates, DSO authorization, and an endorsed I-20 before work starts.
• For OPT: calculate your remaining 12-month pool using the correct full-time or part-time deduction.
• For STEM OPT: verify your degree's CIP code, the employer's E-Verify enrollment, Form I-983, and the filing deadline.
• Recheck the latest status of the proposed OPT fee and the fixed-admission litigation before making plans.

Talk it through with an immigration attorney

Practical training choices made in your first or second year can decide how much time you have to work after graduation — and whether you can bridge to an H-1B, O-1, or E-2. Jessica Weiss, Esq., an immigration attorney at Weiss & Moy, P.C. practicing since 1998, helps F-1 students and their employers map out CPT, OPT, STEM OPT, and the next status. Book a free intro call to see whether Jessica can help with your situation.

Updated October 27, 2026 using the October 26 research reference and official guidance linked below. Court and rulemaking developments are time-sensitive; the latest status of the fixed-admission litigation has not been independently established here. This is general information, not legal advice. Confirm case-specific dates and authorization with your designated school official (DSO) and immigration counsel.