USCIS Announces FY 2027 H-1B CAP Has Been Reached
U.S. Citizenship and Immigration Services (USCIS) has officially announced that it has received a sufficient number of H-1B petitions to meet both the Fiscal Year (FY) 2027 regular cap of 65,000 visas and the additional 20,000 U.S. advanced degree (Master’s) exemption, commonly known as the Master’s Cap.
This announcement marks the completion of the FY 2027 H-1B cap season following the implementation of the FY 2027 electronic registration and selection process.
What Does This Mean?
USCIS will no longer accept new cap-subject H-1B petitions for employment beginning in FY 2027 unless they fall within an exemption recognized under the Immigration and Nationality Act.
Cap-exempt H-1B petitions may still be filed, including petitions for:
- Institutions of higher education;
- Certain nonprofit organizations affiliated with universities;
- Nonprofit research organizations; and
- Governmental research organizations.
What Employers Should Do Next
Employers whose beneficiaries were selected and timely filed should closely monitor their case status and respond promptly to any USCIS Requests for Evidence (RFEs), if issued. Employers who were not selected should begin planning alternative immigration strategies well in advance of the next H-1B registration season.
Potential alternatives may include:
- Cap-exempt H-1B employment
- L-1 intracompany transferee visas
- O-1 visas for individuals of extraordinary ability
- TN visas for qualified Canadian and Mexican professionals
- E-3 visas for Australian nationals
- F-1 STEM OPT or other work authorization options, where applicable
Our Perspective
With the FY 2027 cap now closed, employers should begin evaluating long-term workforce planning rather than waiting for the next registration period. Early planning can identify alternative visa options, preserve work authorization, and avoid disruptions for key employees.
The Law Offices of Keshab Raj Seadie, P.C., continue to assist employers and foreign nationals with H-1B filings, cap-exempt strategies, employment-based permanent residence, and alternative nonimmigrant visa options. If you were not selected in this year’s H-1B lottery or need assistance with an H-1B extension, transfer, amendment, or long-term immigration strategy, our office is available to help.
DHS Ends “Duration of Status” for F-1 Students: Fixed Admission Periods and Mandatory Extension Filings Begin September 15, 2026
The Department of Homeland Security has issued a sweeping final rule that will fundamentally change how F-1 international students are admitted to and maintain lawful status in the United States.
Beginning September 15, 2026, F-1 students will generally no longer be admitted for an open-ended “Duration of Status,” commonly shown as D/S on the student’s Form I-94. Instead, students will be admitted until a specific expiration date based on the program end date listed on the Form I-20, subject to a maximum admission period of four years.
The new rule also creates a formal extension-of-stay process, shortens the post-completion departure period, and imposes significant restrictions on school transfers, changes of major, changes in educational level, and enrollment in successive degree programs.
The final rule was published on July 17, 2026, and becomes effective on September 15, 2026.
What Was “Duration of Status”?
Under the prior system, most F-1 students were admitted for “Duration of Status.” Rather than receiving a specific departure date on the Form I-94, the student was generally permitted to remain in the United States while:
- Pursuing a full course of study at an SEVP-certified institution;
- Making normal progress toward completing the educational program;
- Participating in properly authorized practical training;
- Complying with F-1 status requirements; and
- Remaining during the applicable grace period after completion of studies or employment authorization.
This system allowed a student’s lawful period of stay to follow the student’s academic and practical-training activities without requiring a separate USCIS extension application each time the student needed additional time.
DHS has now replaced that framework with fixed admission dates and periodic USCIS review.
Fixed Admission Periods Beginning September 15, 2026
Under the final rule, an F-1 student will generally be admitted until the program end date listed on the student’s Form I-20, but the admission period may not exceed four years.
The student’s Form I-94 should therefore contain a specific expiration date rather than the notation “D/S.”
The admission period will generally include:
- Up to 30 days before the program start date for initial entry;
- The authorized program period, subject to the four-year maximum; and
- A 30-day period following completion of the program or authorized post-completion practical training to depart the United States or seek another lawful status.
- The F-1 visa stamp, which permits a person to request admission at a port of entry;
- The Form I-20, which describes the academic program and program dates; and
- The Form I-94, which controls the student’s authorized period of admission after entry.
A valid visa stamp does not, by itself, authorize the student to remain in the United States beyond the I-94 expiration date.
Four-Year Maximum Admission Period
Even when a student’s academic program is expected to last longer than four years, the initial period of admission will generally be capped at four years.
This may particularly affect:
- Undergraduate students in programs lasting more than four years;
- Doctoral and other advanced-degree students;
- Students who experience research, dissertation, clinical, or academic delays;
- Students changing to a longer program;
- Students seeking post-completion OPT after a lengthy course of study; and
- Students seeking a 24-month STEM OPT extension.
A student who needs additional time must take affirmative action before the fixed expiration date.
Formal Extension of Stay Will Be Required
An F-1 student who needs to remain in the United States beyond the expiration date on the Form I-94 may be required to apply to USCIS for an extension of stay.
This may include students who need additional time to:
- Complete an existing academic program;
- Begin an authorized new program;
- Continue to a higher educational level;
- Apply for or participate in post-completion OPT;
- Apply for or participate in STEM OPT; or
- Otherwise, remain in F-1 status beyond the fixed admission date.
The process may require two separate steps.
First, the student may need to obtain an extension or updated recommendation from the designated school official, or DSO, and receive an updated Form I-20.
Second, the student must timely file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS, together with the filing fee, required supporting evidence, and biometrics where required.
The Form I-539 extension request is separate from the Form I-765 application used to request OPT or STEM OPT employment authorization.
Students should not assume that the filing of Form I-765 automatically extends their F-1 period of admission unless a specific transition or regulatory exception applies.
Extension Requests Will Be Subject to USCIS Adjudication
An extension of stay will not be automatic merely because a DSO has updated SEVIS or issued a new Form I-20.
USCIS may review whether the student:
- Has continuously maintained F-1 status;
- Pursued a full course of study;
- Made normal academic progress;
- Complied with employment restrictions;
- Timely reported required information;
- Has a legitimate academic reason for additional time;
- Is eligible for the requested continuation or practical training; and
- Filed the extension request before the authorized stay expired.
USCIS may issue a Request for Evidence, require biometrics, or deny the extension request if the student does not meet the applicable requirements.
The new system therefore creates a much greater need for advance planning and documentation.
Effect of a Timely Filed Extension Application
Under the new framework, a student who timely files a proper extension request may generally continue pursuing a full course of study while the Form I-539 remains pending, subject to the terms of the final rule and other applicable regulations.
However, the ability to continue studying should not be confused with employment authorization.
A pending Form I-539 does not independently authorize employment. Students seeking OPT or STEM OPT must also comply with the separate Form I-765 filing, approval, and employment-authorization requirements.
Students should consult their DSO and immigration counsel well before the I-94 expiration date because USCIS processing delays could affect travel, employment authorization, driver’s-license renewal, Social Security verification, and other status-dependent benefits.
Travel as an Alternative to Filing Form I-539
A student with a valid F-1 visa may, in some circumstances, depart the United States and seek readmission from U.S. Customs and Border Protection with:
- A valid passport;
- A valid F-1 visa, unless an exception applies;
- A properly issued and travel-endorsed Form I-20;
- An active SEVIS record;
- Evidence of continued enrollment or authorized practical training; and
- Supporting financial and academic documentation.
Travel is not risk-free. Admission remains discretionary, and CBP determines eligibility and admissibility at the port of entry based on the documents and circumstances presented. SEVP’s travel guidance expressly notes that CBP makes the ultimate readmission decision. (U.S. Immigration and Customs Enforcement)
Students with pending Forms I-539 or I-765 should obtain individualized advice before departing because travel may result in abandonment, denial, or other complications depending on the application and procedural posture.
OPT and STEM OPT Will Require Additional Status Planning
One of the most important changes concerns post-completion OPT and STEM OPT.
Under the prior D/S system, an eligible student could generally transition from completion of studies into authorized practical training without separately extending a fixed I-94 date.
Under the new system, a student whose period of admission will expire before or during OPT may be required to file:
- Form I-539 to extend F-1 status; and
- Form I-765 to request employment authorization.
A student should not assume that an approved or pending OPT recommendation automatically cures an expiring I-94.
The timing of the Form I-539, Form I-765, DSO recommendation, SEVIS update, and program end date must be carefully coordinated.
SEVP guidance states that students admitted under D/S who are protected by the special transition rule and timely file for post-completion OPT or STEM OPT by the applicable transition deadline may not need a separate extension filing. Students admitted with a fixed expiration date after travel may not receive the same protection.
Shorter Departure Period: 30 Days Instead of 60 Days
The final rule reduces the post-completion departure period for F-1 students from 60 days to 30 days.
After completing the academic program, post-completion OPT, or STEM OPT, a student will generally have only 30 days to:
- Depart the United States;
- Take appropriate steps to begin an authorized higher-level program;
- File an eligible change or extension of status; or
- Otherwise, obtain lawful authorization to remain.
The 30-day period is intended primarily to permit preparation for departure. Students should not assume they can leave and freely reenter during this period. SEVP guidance explains that readmission during a grace period remains subject to CBP’s decision. (U.S. Immigration and Customs Enforcement)
The reduction from 60 to 30 days substantially shortens the time available for students to make post-graduation immigration decisions.
Restrictions on School Transfers
The final rule imposes significant restrictions on transfers.
Students Below the Graduate Level
An F-1 student enrolled below the graduate level generally must complete the first academic year at the school that issued the initial Form I-20 before transferring to another institution.
An exception may be available where SEVP authorizes a transfer because of qualifying extenuating circumstances.
Graduate-Level Students
Students enrolled at the graduate level or above are generally prohibited from transferring to another institution during the program of study unless SEVP grants an exception for extenuating circumstances.
This is a major departure from the former system, under which graduate students could generally transfer their SEVIS records to another qualified school if they followed the applicable transfer procedure.
Students considering a transfer should not withdraw from their existing program, stop attending classes, or request a SEVIS transfer without first determining whether the transfer is permitted under the new rule.
Restrictions on Changing Majors
The final rule also limits changes of major.
Students enrolled below the graduate level generally may not change their major during the first year of study unless SEVP approves an exception based on extenuating circumstances.
Students enrolled at the graduate level or above generally may not change their major during the program.
This restriction may have serious consequences for graduate students whose research area, academic department, thesis topic, funding, faculty adviser, or career objectives change after enrollment.
Schools and students will need to determine whether a proposed academic adjustment is merely a permissible concentration or curriculum change or constitutes a prohibited change in major or educational objective.
Restrictions on Changing Educational Levels
Students below the graduate level generally may not change educational levels during the first year of study unless SEVP approves an exception for extenuating circumstances.
Students enrolled at the graduate level or above generally may not change educational levels during the program of study.
The rule also restricts a student who has completed a program from beginning another program at the same or a lower educational level.
For example, a student who completes a master’s degree may generally not remain in F-1 status to begin:
- Another master’s degree;
- A bachelor’s degree;
- An associate degree; or
- A lower-level certificate program.
The expected progression is to a higher educational level, such as moving from a bachelor’s degree to a master’s degree or from a master’s degree to a doctoral program.
These restrictions may significantly affect students who previously used successive same-level programs to acquire a new specialization, maintain student status, or become eligible for additional curricular or practical training.
English-Language Training Programs
F-1 students enrolled in English-language training programs will generally be limited to an aggregate admission period of 24 months.
The 24-month period includes school breaks and annual vacations and is followed by a 30-day departure period.
Students in language-training programs should closely monitor their aggregate time because transferring between English-language schools may not reset the 24-month limit.
Public High School Students
F-1 students attending a public high school, including certain publicly funded charter or similar schools, remain subject to an aggregate maximum of 12 months of study.
The 12-month calculation includes school breaks and annual vacation periods.
The final rule’s fixed-admission structure does not eliminate the separate statutory limitation applicable to public secondary-school attendance.
Border Commuter Students
Border commuter students will continue to receive fixed periods of admission rather than D/S.
They must continue complying with the specialized rules applicable to Canadian and Mexican residents who commute to qualifying U.S. institutions.
Transition Rules for Students Already in the United States
The final rule includes important transition protections for certain students who were admitted for D/S before September 15, 2026.
Students Present in the United States in D/S on September 15, 2026
A student who is physically present in the United States in valid F-1 D/S status on the effective date may generally remain without immediately filing Form I-539 until the earlier of:
- The program end date listed on the student’s Form I-20;
- The expiration of valid post-completion OPT or STEM OPT in effect on the effective date; or
- The applicable transition deadline, which generally may not extend beyond November 14, 2030.
The transition period includes the former 60-day departure period for qualifying students, even though students admitted under the new fixed-period system will generally receive only 30 days.
Students must apply for an extension if they need to remain beyond the protected transition period.
Students Who Travel After September 15, 2026
A student who was previously admitted for D/S but departs the United States after the effective date may lose the benefit of the prior D/S admission.
Upon returning, CBP may admit the student until the program end date listed on the Form I-20, subject to the four-year maximum and the 30-day departure period.
Travel may therefore convert a student from the transition system to the new fixed-expiration system.
Students should review the expected I-94 consequence before international travel.
Special OPT and STEM OPT Transition Protection
Certain students who were admitted for D/S and remain in the United States through the effective date may qualify for a special transition rule if they timely file for post-completion OPT or STEM OPT by the prescribed deadline, identified in the agency guidance as March 18, 2027.
Qualifying students may not need to file a separate Form I-539 solely to cover the requested OPT or STEM OPT period.
A student who travels and is readmitted with a fixed I-94 date before filing for OPT may instead be required to file both Form I-539 and Form I-765.
Because small factual differences may produce different filing obligations, students should not rely on general assumptions regarding the transition rule.
Cap-Gap Protection for H-1B Beneficiaries
The final rule preserves cap-gap protection for qualifying F-1 students who are beneficiaries of timely filed cap-subject H-1B petitions.
A student who satisfies the cap-gap requirements generally will not need to file a separate Form I-539 solely because the fixed F-1 admission period expires during the cap-gap period.
The student may generally remain in F-1 status until the earlier of:
- The approval and effective transition to H-1B status;
- A disqualifying decision or event involving the H-1B petition; or
- April 1 of the fiscal year for which H-1B status was requested, as provided under the applicable cap-gap framework.
Students should carefully distinguish between an extension of F-1 status and an extension of employment authorization. The validity of work authorization may depend on the student’s OPT status, H-1B filing type, requested start date, petition outcome, and continued eligibility.
Impact on F-2 Dependents
F-2 spouses and children generally derive their status from the principal F-1 student.
Their authorized stay may therefore be tied to the F-1 principal’s fixed expiration date and any approved extension.
Where the F-1 student files Form I-539 to extend status, eligible F-2 dependents may also need to be included in or separately file the appropriate extension request before their own authorized stay expires.
Families should review every dependent’s Form I-94 rather than assuming all family members received identical expiration dates.
Increased Risk of Unlawful Presence and Status Violations
The elimination of D/S may create more immediate consequences when a student remains beyond the fixed I-94 expiration date without a timely extension or other lawful authorization.
Students must now monitor a specific expiration date rather than relying exclusively on the validity of the SEVIS record or Form I-20.
A DSO’s extension of the Form I-20 does not by itself extend a fixed Form I-94. Similarly, continued SEVIS activity may not cure the failure to timely file a required extension with USCIS.
Potential consequences may include:
- Failure to maintain F-1 status;
- Accrual of unlawful presence under applicable law;
- Denial of OPT, STEM OPT, change-of-status, or extension applications;
- Visa revocation or future visa complications;
- Three- or ten-year unlawful-presence bars where legally applicable;
- Removal proceedings; and
- Difficulty obtaining future immigration benefits.
Students should treat the I-94 expiration date as a critical immigration deadline.
Greater Administrative Burden for Schools
Designated school officials will also face substantial new responsibilities.
Schools may need to:
- Closely track student I-94 expiration dates;
- Distinguish students protected by the transition rule from students admitted for fixed periods;
- Issue timely I-20 extensions and recommendations;
- Counsel students regarding Form I-539 requirements;
- Review transfer and major-change restrictions;
- Document extenuating circumstances;
- Coordinate OPT and STEM OPT filings with extension requests;
- Update school policies and international-student orientation materials; and
- Revise internal compliance procedures.
SEVP has stated that Study in the States and ICE guidance will be updated to reflect the new rule. The agency also announced a stakeholder webinar for August 31, 2026, to review major changes associated with the final rule. (U.S. Immigration and Customs Enforcement)
Practical Steps for F-1 Students
F-1 students should immediately take the following precautions:
1. Retrieve and Review the Most Recent Form I-94
Students should obtain their electronic I-94 after every entry and confirm:
- The admission category is F-1;
- The expiration date is correct;
- The name and passport details are accurate; and
- The admission period is consistent with the Form I-20.
2. Compare the I-94 and Form I-20 Dates
- The I-20 program end date and I-94 expiration date may not always be identical. The I-94 controls the authorized admission period unless a lawful extension or other rule applies.
3. Begin Extension Planning Early
- Students should not wait until the final weeks before expiration. Ideally, the student should begin reviewing extension requirements with the DSO and immigration counsel several months in advance.
4. Coordinate Form I-539 and Form I-765 Filings
- Students seeking OPT or STEM OPT must determine whether a separate F-1 extension filing is required and ensure that the filings are properly timed.
5. Avoid Unauthorized Academic Changes
- Students should not change schools, majors, degree levels, or educational objectives until confirming that the proposed change is permitted.
6. Obtain Advice Before Traveling
- International travel after September 15, 2026, may result in a new fixed I-94 expiration date and may affect a pending extension or employment-authorization application.
7. Preserve Immigration Records
Students should retain copies of:
- Every Form I-20;
- Every Form I-94;
- Passport identity and visa pages;
- Transcripts and enrollment verification;
- Tuition and financial records;
- OPT and STEM OPT documents;
- Forms I-539 and I-765;
- USCIS receipt and approval notices;
- Employment records;
- DSO communications; and
- Evidence explaining any academic delay or exceptional circumstance.
Our Analysis
The end of Duration of Status represents one of the most consequential changes to the F-1 student system in decades.
Under the former D/S system, the Form I-20, SEVIS record, and the student’s compliance with academic requirements largely determined the period of lawful stay. Under the new system, students must manage a firm I-94 deadline and may need affirmative USCIS approval to continue studying, begin practical training, or progress to another academic program.
The change is likely to produce:
- More Form I-539 filings;
- Greater USCIS processing burdens;
- Additional filing and biometrics costs;
- Increased Requests for Evidence;
- More complicated OPT and STEM OPT filings;
- Greater consequences from missed deadlines;
- Reduced flexibility for academic transfers and program changes; and
- Increased need for coordination among students, DSOs, employers, and immigration counsel.
Students admitted under D/S before September 15, 2026, may receive limited transition protection, but international travel, a new program, OPT, STEM OPT, or a program extension may trigger additional requirements.
Every student should verify the Form I-94 after each entry and should not assume that the validity of the visa, I-20, SEVIS record, or employment authorization automatically extends the authorized period of stay.
Conclusion
Beginning September 15, 2026, most F-1 students entering the United States will receive a specific expiration date rather than Duration of Status. Admission will generally be limited to the Form I-20 program period, capped at four years, followed by a 30-day departure period.
Students who need additional time may be required to obtain DSO action and file Form I-539 with USCIS. Separate employment-authorization filings may also be required for OPT and STEM OPT.
The final rule additionally restricts transfers, changes of major, changes in educational level, and successive programs at the same or a lower degree level.
F-1 students, schools, and employers should review the new requirements now and establish reliable systems to monitor I-94 expiration dates, academic-program dates, practical-training applications, international travel, and extension deadlines.
The Law Offices of Keshab Raj Seadie, P.C., will continue monitoring USCIS, CBP, ICE, and SEVP implementation of the final rule and will provide further guidance regarding revised forms, extension procedures, OPT and STEM OPT filings, cap-gap cases, travel, and transition-period questions.
This article is provided for general educational and informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Immigration outcomes depend on the specific facts and procedural history of each case. Individuals should consult qualified immigration counsel regarding their particular circumstances.
USCIS Rescinds 2022 Public Charge Rule: Major Changes Take Effect September 18, 2026
The U.S. Department of Homeland Security (DHS) has announced a significant policy change by issuing a final rule rescinding the 2022 Biden-era Public Charge regulation. The new rule, which becomes effective September 18, 2026, marks a return to a broader interpretation of the public charge provisions under the Immigration and Nationality Act (INA).
Under the INA, an individual applying for a visa, admission to the United States, or adjustment of status may be found inadmissible if USCIS determines that the person is likely at any time to become a public charge.
What Is Changing?
The 2022 regulation limited the types of public benefits that USCIS officers could consider when evaluating whether an applicant was likely to become a public charge. By rescinding that regulation, DHS states that immigration officers will once again be able to consider all relevant statutory factors and evidence on a case-by-case basis, consistent with the agency’s interpretation of Congressional intent.
DHS has emphasized that the goal of the new rule is to reinforce the longstanding principle that intending immigrants should be financially self-sufficient and not primarily dependent on taxpayer-funded public assistance.
Impact on Green Card Applicants
Beginning September 18, 2026:
- USCIS will implement a revised Form I-485 (Application to Register Permanent Residence or Adjust Status) reflecting the new public charge requirements.
- Older editions of Form I-485 will be rejected if they are postmarked or electronically filed on or after the effective date.
- Adjustment of status applicants should carefully review the new filing requirements and ensure they use the correct edition of the application form.
Practical Considerations
Although the public charge ground of inadmissibility has existed in U.S. immigration law for decades, the standards for applying it have changed several times in recent years through litigation and changes in presidential administrations. As a result, applicants should expect increased scrutiny of financial circumstances, including factors such as income, assets, employment history, education, health, family status, and the Affidavit of Support where applicable.
Individuals planning to file for adjustment of status should prepare comprehensive documentation demonstrating financial stability and self-sufficiency under the revised framework.
Our Recommendation
If you intend to file an adjustment of status application after September 18, 2026, consult with experienced immigration counsel before submitting your application. Using an outdated Form I-485 or failing to adequately address the public charge requirements could result in delays or rejection of your filing.
The Law Offices of Keshab Raj Seadie, P.C. will continue to monitor the implementation of this rule and provide updates regarding the new Form I-485, USCIS guidance, and practical strategies to help applicants successfully navigate the revised public charge standard.
Federal Court Temporarily Blocks Key USCIS Policies Under the “One Big Beautiful Bill Act”
In an important development affecting Temporary Protected Status (TPS) beneficiaries and asylum applicants, the U.S. District Court for the District of Massachusetts has issued an administrative stay temporarily blocking several USCIS policies implemented under the One Big Beautiful Bill Act (H.R. 1).
The July 21, 2026 order, issued in Venez. Ass’n of Mass., et al. v. USCIS, requires USCIS to suspend enforcement of certain provisions while the litigation proceeds.
What Has Been Temporarily Suspended?
The court has ordered USCIS to temporarily stop:
- Shortening previously extended TPS Employment Authorization Documents (EADs). Any TPS-based EAD that had previously been extended will continue to remain valid through its prior expiration date.
- Rejecting asylum applications solely because the applicant failed to pay the new Annual Asylum Fee (AAF).
- Terminating employment authorization based solely on nonpayment of the Annual Asylum Fee.
- Initiating removal proceedings solely because an individual did not pay the Annual Asylum Fee.
What Remains in Effect?
Importantly, the court did not prohibit USCIS from collecting the Annual Asylum Fee. Individuals who have already received—or receive in the future—a USCIS notice requiring payment of the AAF must continue to pay the fee according to USCIS instructions.
All other provisions of H.R. 1, including its remaining filing fees and statutory requirements, remain fully in effect unless modified by future court orders.
What This Means
This ruling provides temporary relief for many TPS holders and asylum applicants by preserving existing employment authorization and preventing certain adverse immigration consequences while the legal challenge continues. However, the decision is only an administrative stay, not a final ruling on the legality of the underlying law.
USCIS has confirmed that it will comply with the court’s order and will issue updated guidance as the litigation progresses.
Our Advice: Individuals affected by TPS or asylum-related filing requirements should not assume that all provisions of H.R. 1 have been suspended. Because the Annual Asylum Fee and other requirements generally remain in effect, it is important to carefully follow USCIS notices and seek legal advice before making filing or payment decisions.
The Law Offices of Keshab Raj Seadie, P.C. will continue monitoring this litigation and provide updates as additional court decisions and USCIS guidance become available.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.
Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
