Visa PolicyEntry PF-686029 · Page 46 · Stamped SEP 29, 2026
US 2026 Regulatory Agenda Targets 'Duration of Status' and H-1B Rules
The US regulatory agenda for 2026 proposes ending 'duration of status' for F and J visa holders and reshaping Optional Practical Training and H-1B rules.
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- The US 2026 regulatory agenda proposes ending 'duration of status', which currently lets F-1 students and J-1 exchange visitors stay while they maintain valid status
- Reforms to Optional Practical Training — 12 months of post-study work plus a 24-month STEM extension — are included in the agenda
- H-1B skilled worker programme changes also appear in the agenda; all items must still pass through federal rulemaking before taking effect
The United States has published a regulatory agenda for 2026 that proposes to end the "duration of status" framework and introduce reforms to Optional Practical Training (OPT) and the H-1B skilled worker programme.
The agenda, tracked by ICEF Monitor, signals the most significant potential changes to the US immigration system affecting international students and skilled foreign workers in years. Under current rules, "duration of status" allows certain nonimmigrants — most notably F-1 students — to remain in the United States for as long as they maintain their status, rather than being bound by a fixed end date on their visa or admission record.
What changes under the proposal
Ending "duration of status" would mean F and J visa holders, among others, would receive fixed admission periods instead of open-ended stays. Students would need to actively track and comply with defined departure or extension deadlines, marking a structural shift from the current system.
The agenda also targets Optional Practical Training, the programme that allows F-1 students to work in the United States for up to 12 months after graduation, with an additional 24-month extension available to STEM graduates. Proposed reforms to OPT follow years of debate over the programme's legal basis and its role in attracting international students to US universities.
H-1B reforms form the third pillar of the agenda. The H-1B programme, which allows US employers to sponsor skilled foreign workers subject to an annual cap, has already seen procedural changes in recent years, including the shift to a beneficiary-centric lottery selection system. The 2026 agenda indicates further regulatory changes are planned for the programme.
Who is affected
The proposed changes would affect:
- F-1 and other student visa holders, who currently rely on duration of status to complete multi-year degree programmes without fixed admission expiry dates;
- J-1 exchange visitors, who are similarly admitted under duration of status;
- International graduates using OPT and STEM OPT extensions, whose post-study work authorization could be reshaped by the proposed reforms;
- Employers and skilled workers in the H-1B programme, which faces additional regulatory change.
US universities and the international education sector are watching the agenda closely. Duration of status and work authorization rights are consistently cited among the factors international students weigh when choosing between the United States and competing study destinations such as Canada, Australia and the United Kingdom.
What happens next
A regulatory agenda is a statement of intent, not a final rule. Each proposed change must go through the federal rulemaking process, which typically includes publication of a proposed rule in the Federal Register, a public comment period, and review before a final rule takes effect. Timelines can shift between agenda publications, and some items have appeared on previous agendas without advancing to completion.
Stakeholders — including students, employers and universities — will have the opportunity to submit comments once formal proposals are published. The specific details of the OPT and H-1B reforms, including eligibility criteria and implementation dates, will only become clear when the proposed rules are released.
International students and prospective applicants should monitor announcements from US Citizenship and Immigration Services (USCIS) and the Department of Homeland Security, the agencies responsible for these programmes, for official rulemaking documents and effective dates.
This article summarizes proposed regulatory changes only and does not constitute legal advice. Readers should consult official USCIS and Federal Register publications for authoritative details.
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