Roger Tsai Comments on Proposed Changes to OPT in 2026 With Law360

Labor and employment partner Roger Tsai spoke with Law360 for their story on immigration policies to track in 2026. Tsai shared his insights on changes to the optional practical training (OPT) program proposed by the U.S. Department of Homeland Security for this year.

The program allows foreign students on F-1 visas to gain one year of temporary work experience related to their programs of study after they graduate, with students in science, technology, engineering, and math programs eligible for a two-year extension. The program also gives international students multiple shots to apply for an H-1B visa. 

The director of the U.S. Citizenship and Immigration Services shared his intention to eliminate OPT. When asked about the proposed end of the program, Tsai stated that he “would be extremely concerned” if that happened but doesn’t expect the forthcoming regulation to be that drastic. “What I anticipate is there will be a narrowing of who is eligible.” 

That could include tightening which degrees count as STEM, reducing the length of the STEM extension or limiting how long students can be unemployed while on OPT, he added.