The U.S. Department of Homeland Security’s regulatory agenda for 2026 outlines significant changes to international student visas, including the elimination of ‘duration of status’ and imminent reforms to the Optional Practical Training (OPT) and H-1B programs, raising concerns about the future of foreign students and skilled workers in the U.S.
The U.S. Department of Homeland Security (DHS) unveiled its regulatory agenda for 2026 on July 6, indicating a series of forthcoming changes that will notably impact international students and their ability to work in the United States. This agenda outlines the department’s intentions to revise key immigration policies and sets the stage for a transformative period in the landscape of U.S. immigration.
Key Changes to Visa Status for International Students
A central proposal within the DHS’s agenda is the termination of the longstanding ‘duration of status’ practice for F, J, and I visa holders. This practice has allowed foreign students, exchange visitors, and media representatives to remain in the U.S. for the duration of their studies or programs. According to the DHS, the updated rule aims to establish a fixed expiration date for these visas, necessitating that visa holders apply for extensions to remain in the country.
Legal experts from Fragomen have emphasized that the anticipated regulation, set to be finalized in July 2026, could lead to significant uncertainty for the over 1.1 million international students currently studying in the U.S. A notable subset of this population includes approximately 294,000 students participating in the Optional Practical Training (OPT) program. Under the current framework, students can work in their field of study for up to three years post-graduation, but the new rules may complicate this pathway.
Implications of Ending ‘Duration of Status’
The potential shift from duration of status to fixed visa periods raises critical concerns about future enrollment and retention of international students. A 2025 survey conducted by NAFSA and the Institute for Progress revealed that 54% of respondents would have reconsidered enrollment in U.S. universities if the OPT program were unavailable. The increased uncertainty surrounding visa status could deter prospective students from choosing U.S. institutions, potentially leading to declines in enrollment numbers.
Participation in the OPT program has seen remarkable growth, with a 21% year-over-year increase from 2024 to 2025. This growth underscores the program’s significance for foreign graduates seeking employment opportunities in the U.S. As the proposed changes loom, educational institutions, students, and policymakers are urged to prepare for a shifting landscape that may affect international student retention and attraction.
Reforms to Optional Practical Training
The 2026 regulatory agenda also includes a continuation of previous discussions surrounding the OPT program. The DHS plans to release new regulations by February 2027, although specific details remain sparse. The proposed changes are intended to better align practical training with the program’s objectives while enhancing oversight and addressing issues related to fraud and national security.
These anticipated reforms could significantly alter the structure of the OPT program and the experiences of international students seeking work opportunities in the United States. The potential tightening of regulations raises questions about how these changes will impact the ability of students to gain valuable work experience and contribute to the U.S. economy.
H-1B Work Visa Program Revisions
In addition to changes affecting international students, the DHS has outlined its intent to implement reforms to the H-1B work visa program, which is critical for many foreign professionals seeking employment in the U.S. These proposed reforms, initially articulated in August 2025, focus on revising eligibility for cap exemptions and increasing scrutiny of employers with prior violations to ensure compliance with program requirements.
The proposed changes aim to fortify the integrity of the H-1B program while protecting the wages and working conditions of U.S. workers. The DHS expects to share further details about these changes in August 2026. This comes amid ongoing discussions regarding the H-1B program’s effectiveness in safeguarding domestic labor interests, as critics have raised concerns about its potential exploitation.
Broader Context and Future Considerations
The anticipated regulatory changes signal a broader shift in U.S. immigration policy, particularly regarding foreign students and skilled workers. As the DHS prepares to publish its proposals, stakeholders are closely monitoring these developments, which have significant implications for the experiences of international students and professionals in the U.S.
The evolving immigration landscape may also prompt legal challenges upon the publication of the new regulations, as various interest groups may seek to contest the changes in court. As the implications of these policy shifts become clearer, it will be crucial for educational institutions, students, and prospective workers to stay informed and adaptable to the evolving immigration framework.
Overall, the 2026 regulatory agenda marks a pivotal moment in U.S. immigration policy, characterized by significant adjustments to visa regulations affecting international students and skilled professionals. With these anticipated changes on the horizon, the landscape for foreign students and workers in the U.S. may face unprecedented challenges and opportunities, highlighting the need for comprehensive understanding and proactive engagement with the emerging immigration policies.
