DHS Confirms Review of OPT and STEM OPT - Erickson Immigration Group

The Department of Homeland Security (DHS) has confirmed in an internal letter dated January 9, 2026 that it is re‑evaluating the scope and duration of Optional Practical Training (OPT), including STEM OPT, and may propose amendments to practical training regulations. The letter, made public this week by Senator Eric Schmitt, highlights DHS’s view that OPT exists by regulation rather than statute and references a rulemaking entry in the Spring Unified Agenda (RIN 1653‑AA97) to address worker displacement, fraud and national security concerns, and to enhance SEVP oversight.

What Happened

• On November 14, 2025 Senator Schmitt sent a letter to DHS and USCISrequesting OPT review. - DHS response letter surfaced: Although DHS’s letter to Senator Schmitt is dated January 9, 2026, it was publicly released by the Senator on February 26, 2026. In the letter, Secretary Kristi Noem states that DHS is re‑evaluating whether the current OPT framework appropriately serves US labor market, tax, and national security interests.
• OPT’s legal basis noted: The letter underscores that OPT and related practical training benefits exist by regulation at 8 C.F.R. 214.2(f)(10) rather than by statute, affirming DHS’s authority to modify these programs through rulemaking.
• Forthcoming rulemaking signaled: DHS references the Spring Unified Agenda entry RIN 1653‑AA97, indicating intent to amend practical training regulations to protect US workers from displacement, address fraud and national security risks, and enhance SEVP oversight.

Why This Matters

• Regulatory flexibility: Because OPT is regulatory, DHS can pursue changes through notice‑and‑comment rulemaking, potentially altering eligibility, duration, reporting, or employer compliance obligations without new legislation.
• Focus areas previewed: The agenda description points to worker‑protection, anti‑fraud, and national security priorities, and to stronger SEVP oversight, signaling potential tightening of STEM OPT and related supervision.
• Timing: Stakeholders should watch for publication in the Federal Register tied to the Spring Unified Agenda entry. Public comments will be invited once a proposed rule is published.

What Employers and F‑1 Students Should Do Now

For employers hiring F‑1 OPT or STEM OPT candidates:

• Audit current OPT hiring and supervision practices to ensure compliance with training plans, wage practices, and worksite documentation, anticipating higher oversight.
• Map critical roles that rely on STEM OPT extensions and develop contingency staffing plans in case duration, eligibility, or reporting rules change following rulemaking.
• Prepare to comment on any proposed rule. Employer feedback often shapes final regulations. Publication timing will appear in the Federal Register following the Spring Agenda.

For F‑1 students and graduates:

• Monitor program timelines for initial OPT and STEM OPT extension filings; file early and maintain robust documentation.
• Coordinate with Designated School Officials (DSOs) on SEVP requirements, employment updates, and travel plans, especially as oversight may tighten post‑rulemaking.
• Track the rulemaking docket once the proposal is published to understand potential effects on start dates, unemployment days, employer eligibility, or training plan requirements.

Erickson Insights & Analysis

Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.