The new rule does not eliminate CPT, and CPT still generally does not require a separate I-765 (work permit); but CPT must be completed within your lawful stay. What's really hit is the common playbook of using Day-1 CPT and a “second same-level master's” to keep status and keep working.
← Back to the F-1 new-rule overviewTwo layers of impact: one is “time”—if CPT makes your program run past the I-94, that triggers the I-539 (extension of stay); the other is “degree level”—the rule generally provides that after finishing an educational level in the U.S. on or after the effective date, your next F-1 program should be a higher level. The latter directly hits the common “Day-1 CPT second master's” playbook.
Open the stage that fits you best.
If your program is ongoing, your I-94 covers the whole CPT, and the CPT can be completed within the current program period, you generally won't need an I-539 just because of the CPT itself. DHS explicitly states the new rule makes no substantive change to CPT.
You still follow the existing rules: confirm CPT is an integral part of the curriculum, apply through your DSO, obtain a CPT I-20 listing the employer/location/dates/full- or part-time, don't work before the start date listed on the I-20, and work only under the approved conditions.
Rule-explicitJohn Doe is in a two-year master's with an I-94 covering the Program End Date. He does a required CPT internship the summer of his first year, completed within the program period. He doesn't need a separate I-539 for that CPT.
If the program needs extending, the CPT's program will run past the I-94, or the I-94 expires before graduation, you must: ask your DSO for a program extension and a new I-20, and file an I-539 before the I-94 expires; or depart and re-enter with the new I-20.
Note in particular: a DSO extending your I-20 no longer automatically extends your lawful stay.
Rule-explicitThe rule generally provides that after finishing an educational level in the U.S. on or after the effective date, your next F-1 program must be a higher level:
Master's → Doctorate: generally allowed; Master's → another Master's: generally not; Master's → Bachelor's or Associate: generally not; Doctorate → another Doctorate or Master's: generally not. Programs completed before the effective date generally don't count, but programs completed after it trigger the limit.
Rule-explicitJohn Doe's familiar path was: finish a U.S. master's → use one year of OPT → two years of STEM OPT → not selected in the H-1B lottery → enter another Day-1 CPT master's to keep working and wait for the next lottery. Under the new rule this path is generally blocked, because a second same-level master's may not obtain or keep F-1 status.
The same-level restriction applies only to programs completed on or after the effective date (September 15, 2026). If your master's was completed before the effective date, that earlier master's does not trigger the restriction — you remain eligible to enroll in, and be admitted for, another master's.
This matters especially for anyone moving from H-1B back to F-1: if your prior master's was earned before the rule took effect, going back to F-1 for a second master's will not be blocked by the same-level bar (§ 214.2(f)(5)(ii)(C)) on account of that older degree. The final rule confirms that the same/lower-level restriction “applies only to programs that are completed after the effective date.”
Rule-explicitJane Doe earned a U.S. master's in 2024 and later moved to H-1B. In 2027 she wants to return to F-1 for another master's. Because her earlier master's was completed before the effective date, the same-level bar does not apply, and she may enroll in a second master's and obtain F-1 status. Note, however, that this new master's — completed after the effective date — will count going forward: after it, she could only move up to a higher level (such as a doctorate).
Whether you can argue a genuine educational need for a second same-level degree is still debatable; but the final rule text takes a general prohibition approach and does not leave a general “career-development need” exception. The specific exceptions still depend on later SEVP and USCIS guidance.
Attorney prediction (pending guidance)Moving from a master's to a doctorate is a step up and generally isn't caught by the same-level prohibition. Still watch: obtaining the new doctoral I-20, a program start date that meets the five-month rule, whether your current I-94 covers the doctoral program (if not, you'll need an I-539), whether the CPT is truly integral to the doctoral program, whether it meets general CPT eligibility and first-year requirements, and whether there's any concern about work being the primary purpose.
If the new doctoral program can't be completed within your current I-94, you generally still file an I-539.
Rule-explicitDay-1 CPT itself isn't directly eliminated, but the common model of using a “second same-level degree” to keep F-1 status and work may no longer be viable. If you planned to stay after graduation via a second master's Day-1 CPT, we strongly recommend consulting early and re-evaluating the path.
This page is general information, not legal advice for any specific case. The rule was published July 17, 2026 and takes effect Sept. 15, 2026; it remains a major rule subject to congressional review and could face litigation. Before taking any action, consult your school's DSO and an immigration attorney.