Latest Updates & Issues
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 August 13, 2026
Senate Approves Continuing Resolution for FY27 and Delay in OMB Regulation Proposal
Before leaving for August recess, the U.S. Senate voted 90 to 6 to approve a continuing resolution (CR) to keep the federal government open and funded at FY26 levels through December 11. The CR also includes a key bipartisan provision temporarily delaying the U.S. Office of Management and Budget (OMB) from finalizing proposed changes to federal grantmaking. OMB had previously stated plans to finalize the regulation before the start of the new fiscal year on October 1. The U.S. House of Representatives is expected to vote on the CR after the August recess.
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:
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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.
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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.
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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 30, 2026
Bipartisan Amendment Advances to Protect IRS Due Process for Nonprofits
Today, the Senate Finance Committee passed the Taxpayer Assistance and Service Act, legislation aimed at modernizing and streamlining IRS operations and strengthening taxpayer rights during audit procedures and other interactions with the IRS. The legislation includes an amendment, offered by Senators James Lankford (R-OK) and Raphael Warnock (D-GA), that would protect due process for nonprofit organizations by explicitly adding “determinations of tax-exempt status” to the list of situations under which taxpayers have a right to appeal and requiring that notice of this right is provided. Update courtesy of Independent Sector
House Ways and Means Committee Approves Legislation on Nonprofits
Last week, the House Ways and Means Committee voted along party lines to approve three bills impacting nonprofits. As these bills may move through the chamber, further information will be shared as it becomes available.
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Fiscal Sponsorship Transparency Act of 2026 (H.R.9721): Introduced by Rep. Smucker (R-PA), the bill seeks to require nonprofits to report annually with detailed information pertaining to each fiscally sponsored project they oversee. It would impose significant financial penalties on nonprofits and managers if the Internal Revenue Service (IRS) finds that the organization failed to exercise “discretion and control” over the funds – terms not defined in legislation.
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Foreign Funding Transparency Act (H. R. 9772): Introduced by Rep. Schweikert (R-AZ), the bill seeks to require most nonprofits to track and report annually on all donations made by foreign nationals, even small-dollar donations. Charitable nonprofits already report the name and addresses of substantial donors to the IRS on a confidential basis.
Update courtesy of National Council of Nonprofits
OMB Proposal and Possible Impact on Arts & Culture
As included in an earlier update, on May 29th, 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 13th 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.
Ongoing Court Action on Travel Ban Impacts “Hold” on Petitions
USCIS benefits have been on hold for beneficiaries from certain countries of birth or citizenship, following the Administration’s issuance of policy memorandum PM-602-0194. A federal district court in Rhode Island has ordered U.S. Citizenship and Immigration Services (USCIS) to resume processing petitions filed for foreign nationals from the countries subject to the U.S. travel bans. As noted in a June 12 USCIS announcement, USCIS will follow the order and process petitions as if the hold is no longer in effect.
Following the court ruling, Artists from Abroad is aware of a small number of petitions that have been released from the hold and progressed to approval. However, it is unclear how quickly the backlog of held petitions will be processed, and whether further court action might reinstate the USCIS hold as the agency has requested further judicial review. While the appeals process plays out, petitioners may attempt to contact the USCIS Call Center to determine the status of held petitions and should be aware that any newly filed petitions will be subject to lengthy O and P visa processing times, requiring Premium Processing for most cases. Update courtesy of Artists from Abroad.
National Voter Registration Day – 2026 Field Toolkit
OPERA America is partnering again this fall with Nonprofit Vote and National Voter Registration Day to support nonpartisan voter education and registration drives! If your organization would like to get involved, the 2026 Field Toolkit was recently released and includes the materials, strategies, and guidance needed to engage communities, educate voters, and ensure a successful, impactful day of civic celebration.
Key Advocacy Issues
Prepare to take action by reviewing the key issues with online resources and downloadable briefs prepared by the Cultural Advocacy Group
Issue Briefs
The below Issue Briefs were prepared by the Cultural Advocacy Group, a collaboration of arts and culture stakeholders working collectively to advance federal policy and can be used in federal advocacy efforts.
National Endowment for the Arts Fiscal Year 2027 Issue Brief
Last updated March 2026
Legal Analysis
The following resources can support discussions about the legal landscape for nonprofits.
The Impacts of the Recent Executive Orders on Nonprofits from the National Council on Nonprofits helps nonprofits stay abreast of executive orders and their related actions.
The Fierce Urgency of Now: Messages that Advance Diversity and Equal Opportunity, is produced by the Leadership Conference on Human and Civil Rights. It synthesizes insights from recent public perception studies and outlines a broad messaging approach designed to resonate across the political spectrum.
Despite Attacks, Civil Rights Protections Endure, produced by Democracy Forward, this is a 2025 supplemental report to the 2024 publication, Safeguarding and Strengthening Diversity, Equity and Inclusion (DEI) Initiatives, which tracks key legal developments over the last year.
Advancing Diversity, Equity, Inclusion, and Accessibility in a Time of Uncertainty: What Employers Need to Know is a short explainer produced by the Legal Defense Fund, Asian Americans Advancing Justice – AAJC, Democracy Forward, LatinoJustice PRLDEF, the Lawyers’ Committee for Civil Rights Under Law, and the National Women’s Law Center.
Preparing for Immigration Enforcement: Keeping Music and Performing Arts Venues, Staff, Artists and Audiences Safe, from Tamizdat, is designed to help performing arts and music venues in the US know how to best prepare for enforcement from Immigration and Customs Enforcement (ICE.)
Settlement Update from the Council on Foundations is helpful reading for organizations that operate fellowships or professional development programs and outlines how the September 2024 American Alliance for Equal Rights v Fearless Foundation case addresses a program eligibility criteria.
The Department of Justice Is Expanding Its Definition of "Illegal DEI"—What Federal Contractors and Grant Recipients Need to Know is produced by Venable LLP and is a helpful overview of recent changes in Department of Justice positions.
Last updated January 2026
Charitable Giving
The following resources can support discussions about philanthropic trends and charitable giving.
The Association of Fundraising Professionals' one-page overview explains how to make the most of this new giving incentive for taxpayers that do not itemize their returns.
The Tax Foundation's overview explains policies in H.R. 1 that will affect how many taxpayers itemize, and how itemizers may benefit from deducting charitable donations.
Last updated December 2025
Visa Processing
The League of American Orchestra and Association for Performing Arts Professional's website Artists from Abroad, provides essential tips, templates, and updates for seeking the O and P visas required for artists.
Improve the Visa Process for Engaging International Artists
This Issue Brief was prepared by the Cultural Advocacy Group, a collaboration of arts and culture stakeholders working collectively to advance federal policy.
Last updated March 2026
Creative Expression
The following resources can support discussions about creative expressions, programming, and artistry.
National Coalition Against Censorship provides resources to help artists and all citizens promote free expression and challenge censorship.
FAQs on Artistic Freedom draws from the Collective Courage Conversation Series and address issues of the legal landscape of artistic freedom.
PEN America’s Flashpoints Educational Resource Guide shares past and current debates about free speech in the context of protest, dissent, and the quest for social change.
The Censorship Horizon: A Survey of Art Museum Directors raises important and relatable issues concerned with both censorship and self-censorship in the face of political pressure.
Last updated May 2026
Creative Workforce
The following resources can assist in navigating careers within the creative and freelance economy.
Riskier Business: A Guide for Dramatists and Performing Arts Workers on Finding Affordable Health Coverage and Care, a free, comprehensive online guidebook designed to help theatre workers and performing arts professionals navigate the world of health insurance, find affordable coverage and care, and become their own best advocates. The guide highlights recent legislative and regulatory changes that will affect consumers’ coverage for 2026. While the guide largely focuses on coverage options and resources in New York, it also includes information for those living in other states.
Last updated December 2025
Arts & Health
The following resources can assist in advocacy related to arts & health initiatives
National Assembly of State Arts Agencies Arts & Health Hub, a collection of innovative strategies and essential data for leveraging the strength of the arts in clinical and community settings
Last updated April 2026