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.
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.