IS DAY 1 CPT LEGAL? KEY INSIGHTS FOR INTERNATIONAL STUDENTS

INTRODUCTION

Amid differing opinions and evolving regulations, the question that lingers among international students will always be “Is Day 1 CPT legal?”. This route has since gained attention as international students prioritize pursuing studies and gaining practical work experience while adhering a legal status. With Day 1 CPT offering immediate work opportunity at the start of an academic program, its legality remains debatable. This blog delves deep into the legal framework, controversy and potential risks of Day 1 CPT.

WHAT IS DAY 1 CPT (CURRICULAR PRACTICAL TRAINING)?

It is a type of CPT which allows international students to work immediately upon beginning their academic program in a role that is directly related to their field of study. Day 1 CPT permits international students to begin working from the first semester unlike the regular CPT by which you must complete an academic year for you to work. This CPT pathway is ideal for individuals who have academic programs which mandate practical work experience from the onset of the academic year, enhance their resumes, build professional network and meet financial obligation through employment.

LEGAL FRAMEWORK OF CPT

Other universities provide Day 1 CPT to bring in international students, most of whom are working professionals, for the immediate work offer with academic opportunities. The students who demand early practical training often prefer business and technology areas where this is incorporated into their education, With Day 1 CPT, universities increase enrolment and revenue; however, its practice lies in a legal gray area and hence must maintain strict compliance with the regulations of the immigration system to avoid scrutiny. For more insights into the eligibility requirements for DAY 1 CPT, read our informative blog.

THE CONTROVERSY AROUND DAY 1 CPT

The debate over Day 1 CPT has grown significantly in recent years, with experts expressing concerns about its legality and the potential misuse of the U.S. immigration system. Below is an in-depth look at these concerns:

Legal and Regulatory Ambiguity:

The rules of CPT are a little vague. CPT, as per USCIS, "is an integral part of an established curriculum" and students are to acquire relevant work experience for their major field of academic study. The Day 1 CPT programs do not always support this directive as the student is put straight to work without completing large portions of coursework. Some argue that this contravenes the "academic purpose" of the CPT rule.

Misuse of CPT

Critics say that there are students who enter programs which offer Day 1 CPT with the intention of doing little or no actual academic work. Instead, they use the program to stay employed in the U.S. to keep their status in the country. This is argued to misrepresent the purpose of the CPT program that should be directly related to the student's course of academic study.

Universities use CPT to prioritize immigration strategy over education

Some students choose these programs because they offer a fast track to working in the U.S. without having to wait for OPT or H-1B status. These institutions often do not face immediate scrutiny because they cater to international students who may be unaware of the long-term consequences of misusing CPT. Universities see it as a chance to keep the revenue coming in when they enrol international students and have them pay tuition fees.

POTENTIAL RISKS FOR STUDENTS

1. Violating F1 status

Engaging in unauthorized work, such as misusing Day 1 CPT, can violate F-1 status, potentially causing the loss of visa status. This could prevent students from continuing their studies in the U.S. or, in severe cases, lead to deportation.

2. Denial of Future visa applications

Breaking CPT rules may lead to the denial of future visa applications such as H1B. Immigration authorities may interpret these violations as non-compliance with U.S. immigration laws, which makes it difficult for students to get approval for future visas.

3. Disqualification from OPT/ Difficulty in finding post-graduation work

The eligibility for post-graduate OPT can be excluded for the international students who were on DAY 1 CPT for a period of over 12 months. Post-graduate OPT work authorization is crucial for recently graduated students.

4. Scrutiny from USCIS

The USCIS closely monitors the DAY 1 CPT programs because of concerns about misuse, making strict compliance with F-1 visa regulations is essential. Some immigration attorneys suggest that being on DAY 1 CPT could potentially reduce the chances of obtaining an H-1B visa in the future.

5. Program disqualification

Students in Day 1 CPT programs at universities that don't fully follow USCIS regulations may have their CPT authorization revoked, which can leave them ineligible to work while in school or even place their ability to stay in the U.S. at risk.

ALTERNATIVES TO DAY 1 CPT

Here are some alternatives to Day 1 CPT for international students seeking work experience in the U.S. while staying compliant with immigration regulations:

1. On Campus Employment

F-1 students can work part-time (up to 20 hours per week during the semester and full-time during breaks) on-campus without needing CPT/OPT authorization. This does not provide industry-specific experience, but it is an easy way to gain work experience in the U.S. It is also a good option as you can earn some money during this period.

2. Optional Practical Training (OPT)

OPT is the opportunity for F-1 international students to work in their field of study for up to 12 months, and for STEM graduates, up to 24 months after completing their program. As an alternative to CPT, OPT also includes a Pre-Completion option, which allows students to work part-time during the semester (up to 20 hours per week) and full-time during breaks. In contrast to CPT, OPT work authorization need not to be included within the curriculum but shall instead complement the student's field of study.

3. Academic Training (J-1 Visa)

Students on a J-1 visa can participate in Academic Training, which provides an opportunity to gain work experience in their field of study. This training can take place either during or after their academic program, functioning similarly to OPT for F-1 visa holders.

4. H-1B Cap-Gap Extension

F-1 students with an H-1B petition selected in the lottery may qualify for a Cap-Gap Extension, allowing them to work between the end of OPT and the start of H-1B employment.

5. Start-Up Visa Programs

Visas like the E-2 Treaty Investor visa may enable international students to work in the U.S. by starting their own business. While more complex, this pathway offers potential for long-term employment.

CONCLUSION

Day 1 CPT provides direct entry into the workforce but includes legal risks and long-term implications if used improperly. To protect F1 status and future immigration opportunity, students should be aware of USCIS policy and look for safer off campus options such as OPT or on campus employment, with responsible decision making facilitated by DSOs and legal advisors.