F-1 grace period: 30 days for new admissions, 60 for some students already here

Under 8 CFR 214.2(f)(5)(v), as amended by a final rule effective 15 September 2026, an F-1 student gets an additional 30 days after the program end date, the 4-year maximum or the end of approved OPT. The old window was 60 days. Students already in the United States on 15 September 2026 under duration of status have a transition rule that still counts 60 days.

Search for "60 day grace period F-1" and you will find two different rules mixed together. One is the period an F-1 student has after finishing a program or OPT to leave or take another step. The other is the 60-day period for people in work statuses such as H-1B who lose a job. Only the first is the subject of this page, and it has just changed.

The Department of Homeland Security (DHS) published a final rule on 17 July 2026 at 91 FR 44976, titled "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". The Federal Register entry gives the effective date as 15 September 2026, and says the rule was "classified as a major rule subject to congressional review", with a note that the actual effective date will be published if congressional review changes it. The current federal regulations (eCFR, point-in-time 1 October 2026) already carry the new text.

This page sets out what the regulation says about the post-program window, who the transition rule protects, how the clocks interact with the OPT application deadline, and how the date arithmetic works. It does not tell any student which window applies to them. That turns on the date and manner of admission, the Form I-94 and the Form I-20, and an attorney or the school's designated school official (DSO) is the person to read those documents.

What changed: from a 60-day to a 30-day window

Before the rule, an F-1 student who finished a course of study and any authorized practical training had a 60-day period to prepare to leave. DHS says so in its own response to public comments: "Under existing regulations, F-1 students are provided 60 days following the completion of their studies and any practical training to prepare for departure from the United States."

The final rule replaces that with 30 days. DHS gave its reasons in the preamble. It compared F-1 students with J and M nonimmigrants and said the 60-day period "is twice as long as other SEVP programs (J and M nonimmigrants)". It also compared them with temporary workers who get only 10 days after their validity period, and it described 30 days as "an appropriate balance between the 60-day and 10-day periods". Those are DHS's stated reasons, quoted so you can see the policy logic; commenters argued the other way, and the preamble records that too.

The change sits inside a bigger one. The same rule ends "duration of status" for F and J students and replaces it with admission for a fixed period. 8 CFR 214.2(f)(5)(i) now reads: "An F-1 student is admitted for a fixed period of time, which is the period necessary to complete the course of study indicated on the Form I-20, or successor form, not to exceed a period of 4 years, plus additional times noted in this paragraph (f)(5)(i)." A student who needs longer than the fixed period has to ask for an extension of stay (see the related page on the four-year limit). The 30-day window is the last piece of that fixed period.

The regulation text: 8 CFR 214.2(f)(5)(v)

The paragraph is titled "Period of preparation for departure or to otherwise maintain lawful status in the United States". It says an F-1 student who has completed a course of study and any authorized practical training "will be allowed an additional 30-day period from the program end date or the 4 year maximum period of admission, or the end date of the approved employment authorization for post-completion OPT or STEM OPT, as applicable".

Read closely, the 30 days start from whichever of these applies: - the program end date on the Form I-20; - the end of the 4-year maximum period of admission; or - the end date of approved post-completion OPT or STEM OPT employment authorization.

The regulation says what the time is for: "to prepare for departure from the United States, or to otherwise seek to maintain lawful status, including timely filing an extension of stay application in accordance with paragraph (f)(7) of this section and § 214.1 or timely filing a change of status application in accordance with 8 CFR 248.1(a)." The 30 days are reflected on the Arrival/Departure Record, Form I-94.

Three limits in the same paragraph matter: - Ending study early. If an F-1 student "ends his or her study or training prior to expiration of his or her period of admission", the student and eligible dependents "must, within 30 days from the end date of the study or training, depart the United States or otherwise seek to maintain lawful status." - Authorized withdrawal. A student authorized by the DSO to withdraw from classes "will be allowed a 15-day period from the date of the withdrawal to depart the United States." - Failure to maintain status. A student who "fails to maintain a full course of study or otherwise fails to maintain status is not eligible for any additional period of time for departure and must leave the country immediately."

English-language training programs have their own cap in (f)(5)(i)(A): a maximum admission of 24 months "plus an additional 30-day period of stay for the purposes of departure or to otherwise seek to maintain lawful status."

Who still counts 60 days: the transition rule in 8 CFR 214.1(m)

The rule does not simply flip everyone to 30 days on 15 September 2026. 8 CFR 214.1(m)(1) covers "Aliens with F or J status who are properly maintaining their status on September 15, 2026, and who were admitted for duration of status." For them the regulation sets an end point: "the later date of either the expiration date on an Employment Authorization Document, Form I-766, or successor form, or the program end date noted on their Form I-20 or Form DS-2019, as applicable, not to exceed a period of 4 years from September 15, 2026, plus the departure period of 60 days for F nonimmigrants, which is November 14, 2030, and 30 days for J nonimmigrants, which is October 15, 2030."

So two groups exist side by side for years: - Students already in the United States on 15 September 2026 who were admitted for duration of status, who fall under the transition paragraph and keep a 60-day departure period for F-1. - Students admitted after the rule took effect, who receive a fixed admission date on the I-94 and a 30-day period under (f)(5)(v).

The preamble draws the line in the same place. DHS says an F-1 student whose program or OPT has ended on the effective date "will have the remainder of their allowed departure period to leave the United States, i.e., 60 days from the program end date on their I-20", and that those who need more time are subject to the new rule and must apply for an extension of stay.

There is a trap in the transition text too. Paragraph (m)(1)(ii) says that an F-1 student in the transition group who leaves the United States before filing for post-completion OPT or STEM OPT, and is then admitted with a fixed period of admission, "is required to file both an Application for Employment Authorization, Form I-765, or successor form and an Application to Extend/Change Nonimmigrant Status, Form I-539". Leaving and re-entering can therefore move a person from one group to the other. Whether that matters in a given case is a question for the DSO or an attorney.

How the grace period interacts with the OPT application window

The 30-day period and the OPT filing window are separate clocks with similar lengths, which is why they get confused.

8 CFR 214.2(f)(11)(i)(B)(2) sets the filing window for post-completion OPT: the student "may properly file his or her Form I-765 or successor form up to 90 days prior to his or her program end date and no later than 30 days after his or her program end date." The student must also file with USCIS "within 30 days of the date the DSO enters the recommendation for OPT into his or her SEVIS record." The filing deadline and the departure period both run from the program end date, but one is a deadline to apply and the other is a period of permitted stay. Applying does not itself extend the 30 days; the regulation lists what is allowed in the transition rule and in the pending-application provisions, and a student should read both.

For students on the new fixed-date basis, 8 CFR 214.2(f)(10)(ii)(D) says that, unless the transition paragraph applies, an F-1 student recommended for post-completion OPT "must apply for an employment authorization and either apply for an extension of stay with USCIS or seek admission through CBP after travel abroad". If the OPT application is granted along with an extension of stay or admission, "the student extension will include the additional 30-day period provided in paragraph (f)(5)(v) of this section for departure following the expiration of the time approved to complete post-completion OPT." For students in the transition group, the preamble says those who timely file the Form I-765 for post-completion OPT or STEM OPT on or before 18 March 2027 do not need to file an extension application, and 8 CFR 214.1(m)(1)(iii) lets DHS extend that date "in 6-month increments by publication of a notification in the Federal Register." A student relying on a date in a blog post or an old school email should check with the DSO and the Federal Register.

OPT itself has counters that keep running during the grace period. 8 CFR 214.2(f)(10)(ii)(E) says: "Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT period", and students on a 24-month STEM extension "may not accrue an aggregate of more than 150 days of unemployment during a total OPT period". Those limits count unemployment inside the OPT period; the 30 days after the OPT period ends is a different thing.

Current fees stated in 8 CFR 106.2 (check the USCIS fee schedule, Form G-1055, before paying): Form I-765 is $520 and Form I-539 is $470. A separate proposal would add very large fees for OPT; see the PROPOSED rule below.

Date arithmetic: what 30 days and 60 days look like

These are illustrations of counting only, not statements about anyone's case. Check the dates on your own I-20 and I-94.

Admitted after 15 September 2026, program end date 15 May 2027. Thirty days after 15 May is 14 June 2027.
Admitted after 15 September 2026, post-completion OPT employment authorization ending 31 August 2028. Thirty days after 31 August is 30 September 2028.
In the United States on duration of status on 15 September 2026, program end date 15 May 2027. The transition paragraph counts 60 days, which reaches 14 July 2027, within the outer date of 14 November 2030 stated in the regulation.
Ending study early. If study ends on 1 March and the admission period would otherwise run later, the 30-day rule in (f)(5)(v) counts from 1 March and reaches 31 March.

Two reminders. The Form I-94 shows the admit-until date; the regulation says the 30-day period "will be reflected" on it. And the regulation says the 30 days "do not count toward the maximum length of stay": the 4-year ceiling and the extra 30 days are tracked separately.

Do not confuse this with the 60-day period for work visas

A different 60-day rule gets the same search phrase. 8 CFR 214.1(l)(2) says that a person in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN status and dependents "shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion."

That is a rule for workers, not students, and DHS has proposed to remove it. The proposed rule, "Eliminating the Discretionary 60-Day Grace Period" (91 FR 57807, 11 September 2026), is PROPOSED, not in force. The Federal Register entry gives 10 November 2026 as the close of the comment period. Until a final rule is published, the paragraph above remains in the regulation. The related page on the 60-day grace period proposal covers it in full.

The same distinction applies to money. A rule published on 8 October 2026 (91 FR 64566, "Optional Practical Training Fees") proposes fees of "$70,000 for initial OPT; and $30,000 for any subsequent OPT" for F-1 students engaging in OPT. It is PROPOSED, not in force, and its comment period closes on 9 November 2026. It is separate from the grace-period change and does not alter the 30 days.

Where people go wrong, according to the rule text

The mistakes that follow from the rule text itself are mostly about assuming a number rather than reading a document: - Assuming 60 days because a university website or an older article says so, when the Form I-94 issued after 15 September 2026 may carry a 30-day period. - Assuming the 30 days restart after OPT is approved, when the regulation counts from the program end date or the OPT end date, whichever applies. - Treating the OPT filing deadline (30 days after the program end date) as an extra grace period on top of the departure period; it is a filing deadline. - Leaving and re-entering during the transition without knowing the admission will be fixed-date, which brings the Form I-539 requirement in 8 CFR 214.1(m)(1)(ii). - Relying on an expected extension of the 18 March 2027 transition date, which exists only if DHS publishes a Federal Register notice.

A designated school official can read the SEVIS record and I-20; an attorney or DOJ-accredited representative can advise on what to do about it. A notario or consultant cannot.

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Questions people ask

How long is the F-1 grace period in 2026?

8 CFR 214.2(f)(5)(v) allows an additional 30-day period after the program end date, the 4-year maximum period of admission, or the end of approved post-completion OPT or STEM OPT employment authorization. The transition rule in 8 CFR 214.1(m)(1) keeps a 60-day departure period for F-1 students who were properly maintaining status on 15 September 2026 and admitted for duration of status.

Did the F-1 grace period change from 60 days to 30 days?

Yes, for admissions governed by the new rule. The final rule at 91 FR 44976 was published on 17 July 2026 with an effective date of 15 September 2026. DHS's preamble says F-1 students were previously given 60 days and the rule moves that to 30 days.

Does the 30 days apply after OPT as well as after a degree?

The paragraph says the additional 30-day period runs from the program end date, the 4-year maximum, or "the end date of the approved employment authorization for post-completion OPT or STEM OPT, as applicable".

What can I do within the 30 days besides leave?

The regulation says the period is "to prepare for departure from the United States, or to otherwise seek to maintain lawful status", including timely filing an extension of stay application or a change of status application under 8 CFR 248.1(a). Whether any option fits a given case is for an attorney or the school's designated school official to explain.

Is the $70,000 OPT fee in force?

No. It is a PROPOSED rule (91 FR 64566, published 8 October 2026), and the Federal Register lists 9 November 2026 as the end of the comment period. Nothing in the F-1 grace-period rule imposes it.

Is the 60-day grace period for H-1B workers also ending?

It is proposed to end but has not. The rule to remove 8 CFR 214.1(l)(2) (91 FR 57807) is PROPOSED, with a comment period ending 10 November 2026. The regulation currently still contains the 60-day provision.

Sources

Last checked 2026-10-10.

Related guides

F-1 four-year limit: how the end of duration of status works, what an extension needs and who is in the transition group — A final rule effective 15 September 2026 ended "duration of status" for new F-1 admissions. An F-1 student is now admitted for the length of the program on the Form I-20, up to 4 years, with 30 days afterward. A student who needs more time files an extension of stay with USCIS before the admission period ends. Students admitted before 15 September 2026 are covered by a separate transition rule.
The proposed $70,000 OPT fee: what the Federal Register notice says, who would pay and what has not changed — PROPOSED, not in force. On 8 October 2026 DHS proposed that a school pay $70,000 before it first recommends an F-1 student for optional practical training and $30,000 before any later recommendation. Public comments are due 9 November 2026. Nothing changes for any student until DHS publishes a final rule, which the proposal says would take effect 60 days after publication.
The 60-day grace period for H-1B and other workers, and the proposal to end it — Today, 8 CFR 214.1(l)(2) says a worker in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN status, and their dependents, is not considered to have failed to maintain status solely because employment ended, for up to 60 consecutive days or until the validity period ends, whichever is shorter, once per validity period, and DHS may shorten or eliminate it. On 11 September 2026 DHS PROPOSED removing that paragraph (91 FR 57807). Comments are due 10 November 2026; the proposal is not in force.
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