Policy Alert: F-1 students graduating at the end of Spring Semester or Quarter may have a delay in obtaining their OPT EADs

Most international students that come to the United States for school will enter the United States on an F-1 Visa.

Optional practical training (OPT) is temporary employment directly related to an F-1 student’s major area of study. In general, eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.

This policy alert is specifically directed towards those in F-1 status as they are approaching graduation and those in F-1 OPT status who are eligible for the two-year STEM OPT Extension. 

On January 1, 2026, U.S. Citizenship and Immigration Services (“USCIS”) issued a Policy Memo stating that it is pausing decisions on most benefit applications filed by applicants from the 40 countries listed in the June 4, 2025 (this includes individuals from the Palestine Authority), and December 16, 2025 Presidential Proclamations (often called the “travel bans”). These proclamations banned the issuance of new visas for travel to the United States for all nonimmigrant and immigrant visas.

For more on the various bans and adjudication pauses at USCIS and the Department of State, please check out our latest article on the current state of countries subject to adjudication pauses and travel bans. 

According to the January 1, 2026, Policy Memo, the adjudication pause applies to nearly all applications for employment authorization.  As such, while an F-1 student may be recommended for Optional Practical Training (“OPT”) by their Designated School Official (“DSO”) at their university, they may not be able to get their employment authorization document (“EAD”) until the pause is lifted for their individual case.  This also means that despite the OPT being recommended, they cannot begin work until the EAD is approved, produced, and in-hand.  As we understand it, the 90-day unemployment limit for OPT does not start until the EAD card is issued. However, students and recent graduates should confirm this with their DSO. An F-1 student should not start work until they have their EAD.

For those who have been recommended for the STEM OPT extension, they have an 180-day automatic extension of their EAD.

Under the regulations, an individual whose current OPT EAD is expired and who timely filed a Form I-765 for a STEM OPT EAD will continue to have authorized employment beginning on the expiration date of the EAD for a maximum of 180 days if combined with an I-20 form(Certificate of Eligibility for Nonimmigrant Student Status) showing that STEM OPT is recommended.  For these individuals, it is important that they set a reminder for when they are nearing the end of their 180-days so that they do not violate their F-1 status or work without authorization.

The attorneys at Kolko & Casey have consulted with many students facing these issues.  The number one question we receive is, “Can we file for Premium Processing to get our EAD?”  At this time, we are recommending that individuals affected by this policy alert do not file for Premium Processing because USCIS will still not make a decision on the underlying application for employment authorization or produce the EAD while the adjudication pause is in effect.

We will continue to monitor this situation and impact to F-1 students. Please contact our office at (303) 371-1822 if you would like to discuss this matter with an experienced immigration attorney.