A persuasive advocate should be up to date on the key issues affecting the opera sector.

Read the latest news on advocacy efforts prepared by OPERA America's director of government affairs and civic practice — and check back for regular updates.

Review the key issues affecting opera and the arts with resources and downloadable briefs prepared by the Cultural Action Group.

Advocacy Updates

Issued September 11, 2026 

Government Shutdown Averted, Proposed OMB Rule Delayed

Congress passed, and the President signed into law, a continuing resolution to fund the Federal Government at current levels through December 11, 2026. The continuing resolution included language that would also delay the OMB Proposed Rule on Regulations for Federal Financial Assistance through December 11, 2026. 

Treasury and the IRS Release Draft Regulations on the Public Policy Doctrine

On September 3, 2026, the Department of Treasury and Internal Revenue Service (IRS) released a Notice of Proposed Rulemaking that would end federal tax-exempt status for private schools that engage in racial discrimination.

Historically, courts have determined that schools that discriminated based on race were operating against a fundamental public policy and, therefore, could not achieve tax-exempt status under section 501(c)(3). The proposed regulations address the application of the public policy doctrine to 501(c)(3) private schools. They provide that a private school is not operated exclusively for charitable purposes if it adopts, maintains, or enforces a policy or practice that discriminates on the basis of race, color, or national or ethnic origin. This nondiscrimination requirement would apply to any educational policy, admissions policy, scholarship or loan program, athletic program, or other school-administered or school-supported program. If finalized, proposed regulations would affect private schools in taxable years beginning after May 31, 2027. Comments are due Tuesday, November 3, 2026.

In the special analysis that accompanies the proposed regulation, Treasury and the IRS expressly state that race-based policies intended to “ameliorate societal discrimination” are now defined as a form of discrimination. In addition, the preamble provides that this is true regardless of the “legality of such discrimination.” There is no immediate direct impact on other types of organizations exempt under 501(c)(3), although there may be indirect impacts. If finalized as proposed, this interpretation of "fundamental public policy" could provide a framework for future efforts to challenge race-based grants, scholarships, fellowships, and charitable programs that occur in other 501(c)(3) organizations. Extending this proposed standard to other tax-exempt organizations would require additional regulatory action, legislation, or a court decision. Update courtesy of the Council of Foundations

Artists from Abroad: CPT work for Students Restricted and New Form I-129 beginning 9/9/26

On August 24, the Department of Homeland Security issued new guidance that significantly narrows the interpretation for when Curricular Practical Training (CPT) may be approved for F-1 international students. Many US arts organizations have successfully used CPT to employ F-1 students in the past and this immediate policy change will certainly impact future plans. Note that this guidance applies specifically to CPT, not Optional Practical Training (OPT). Each type of training has its own conditions and one should always confer and confirm ahead of time with the designated school official whether either option is available and permissible.

CPT agreements that have already been approved will be honored, but effective immediately the new guidance states CPT will only be authorized when the practical training is a required component of a student's degree program and for all students in the major. Therefore, CPT will not be authorized for any internships, cooperative agreements, research, work/study, service learning, and other arrangements that are not required of all students in a particular major. 

The latest version of the Form I-129, dated 09/09/26 in the bottom left corner of each page, goes into effect with petitions received (not postmarked) by USCIS beginning November 9, 2026. Petitioners should begin using the new version of the form immediately. O and P Form I-129 samples have been updated in the Artists from Abroad Appendix but the new edition of the form does not present any changes in question or content for O and P petitions. Always remember to confirm the edition date in the lower left corner of each page - failure to use the proper edition will result in USCIS returning a petition. Items that are not pertinent may be left blank or petitioners can handwrite "N/A" to indicate a question is not applicable.

Issued August 27, 2026 

National Endowment for the Arts releases new rule rescinding portions of Title VI Regulations

Effective August 26, the Federal Register released a new rule rescinding the disparate-impact liability clause of the National Arts and Humanities Foundation Title VI regulations. The rule cites relevant Supreme Court decisions as it’s basis for changing the current Title VI regulations. Based on federal anti-discrimination statues, disparate-impact discrimination occurs when a seemingly neutral policy or action causes a disproportionate and unjustified negative harm to a group, regardless of intent. The elimination of the disparate-impact liability clause across federal financial assistance is also included in the OMB proposal earlier this summer which OPERA America submitted comments with other performing arts coalition members and would go into effect October 1, 2026 unless further Congressional or court action occurs.

Latest Tariff Proposals Apply to Musical Instruments

As widely covered in media reports, the Administration is proposing a 25% tariff on brass-wind instruments, parts, and accessories, which could substantially raise the costs of musical instrument purchases, including those essential for delivering music education programs. The National Association for Music Education (NAfME) recently shared further background information. Update Courtesy of the League of American Orchestras.

Issued August 13, 2026

Artists From Abroad - Immediate Policy Goes into Effect: RFEs and NOIDs Not Required

On Wednesday, August 5 the U.S. Citizenship and Immigration Services (USCIS) announced an immediate policy change to "reduce frivolous immigration benefits requests" that lack sufficient evidence. Rather than first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), which both allow petitioners to respond with additional material, USCIS adjudicators have been given the discretion to deny any petition or application—including nonimmigrant petitions for O and P artist visas—that it deems "incomplete" by failing to include all of the initial evidence required by statute, regulations, or form instructions. Added to this, USCIS has the discretion to provide less than the standard 12 weeks for a petitioner to respond to an RFE.

What this means for petitioners is that extra attention should be paid to the evidentiary standards for each classification before submitting a petition. Note the differences among the classifications and how, for example, O-1B criteria differ even as some may sound similar. Be sure that all parties — including the beneficiary and the agent if the beneficiary works with one — are very familiar with the kind of evidence that is required by USCIS. Some longstanding reminders:

• Critical reviews should be full and not excerpted, and they should be reproduced or printed from the original source - not reformatted onto agency letterhead used in a press packet.

• Any material not in English must be accompanied by a certified translation in full - not simply of a smaller part that pertains to the beneficiary, though it may help to highlight or mark it on the page somehow. 

• Labor consultations are required​ where an appropriate organization exists, and it is generally much quicker to obtain and provide this in your original filing.

This policy does not mean that USCIS will no longer issue RFEs or NOIDs, but it no longer requires officers to do so in cases they see as failing to meet the evidentiary standards. We will provide more information as petitioners report their experiences. Update courtesy of Artists from Abroad.

Issued July 16, 2026

OMB Proposal and Possible Impact on Arts & Culture

As included in an earlier update, on May 29^th, the Office of Management and Budget (OMB) released proposed regulations on federal financial assistance with a target effective date of October 1, 2026. OPERA America joined comments in response to the proposal along with Chorus America, the League of America Orchestras, Dance/USA, and Theatre Communications Group. The comments reflect much of the analysis composed by the Cultural Advocacy Group. Public comments closed Monday, July 13^th and further information will be shared as it becomes available.

Final Ruling on Earnings Test and Student Loans

U.S. Department of Education rules issued on July 1, 2026, will impose a new earnings test to determine whether an institution of learning can access Federal Direct Student Loans for specific programs of study. OPERA America joined comments in response to the original draft proposal—alongside the League of American Orchestras, Chorus America, Dance/USA, and Theatre Communications Group—raising concerns about the disproportionate impact on performing arts programs. Most aspects of the rules are set to go into effect by July 1, 2027. OPERA America’s partners in conservatories are analyzing the full implications for collegiate and graduate arts programs and updates will be circulated as they become available.

Key Advocacy Issues

Prepare to take action by reviewing the key issues with online resources and downloadable briefs prepared by the Cultural Advocacy Group