Understanding Day 1 CPT
For international students seeking practical experience while studying in the United States, Curricular Practical Training (CPT) offers a valuable opportunity. Among the various CPT options, Day 1 CPT has gained attention for allowing students to start work immediately upon beginning their studies. However, amongst the visa options for international students, Day 1 CPT might not be the most effective solution. In this article, we will dive deeper into Day 1 CPT so you can have a better understanding and make an informed decision.
What is Day 1 CPT?
Day 1 CPT refers to Curricular Practical Training (CPT) that begins on the first day of a student's academic program. Unlike traditional CPT, which requires students to complete at least one academic year before starting practical training, Day 1 CPT allows students to engage in internships or work placements as soon as they enroll in their degree program.
To qualify for Day 1 CPT, students must meet the following criteria:
F-1 Visa Status:You must be on a valid F-1 visa and be enrolled in a degree program at a U.S. institution that offers Day 1 CPT.
Program Requirement: Your degree program must be structured to allow CPT from the start. Typically, this involves programs with an integrated curriculum that includes practical training as a core component.
Institution Policy: The educational institution must have a policy permitting Day 1 CPT. Not all institutions offer this option, so it’s important to verify with your Designated School Official (DSO).
Full-Time Enrollment: You must be enrolled full-time in your degree program while participating in Day 1 CPT.
How to Apply for Day 1 CPT?
Verify Program Eligibility: Confirm that your degree program and institution offer Day 1 CPT. Consult your DSO for guidance on institutional policies.
Obtain a Job Offer: Secure a job offer related to your field of study that aligns with your degree program’s requirements. The job must be an integral part of your curriculum.
Consult Your DSO: Schedule a meeting with your DSO to discuss your Day 1 CPT plans. They will review your job offer and ensure it meets CPT requirements.
Complete Required Documentation: Submit necessary forms and documents to your DSO, including your job offer letter and any additional paperwork required by your institution.
Receive CPT Authorization: Your DSO will update your SEVIS record and issue a new Form I-20 with CPT authorization. You can start your job on the first day of your program once you have received this authorization.
Why is Day 1 CPT not recommended?
Amongst the available work visa options for international students OPT/ OPT STEM Ext or traditional CPT are more common since Day 1 CPT has proven, in some cases, to lead to scrutiny or compliance issues risking your F-1 visa status and future visa options. Here are some key reasons why Day 1 CPT might be discouraged:
Not a Dual Intent visa: Since Day 1 CPT is a non-dual intent visa, if you express interest in staying permanently (such as by applying for a green card), you could be violating the conditions of their visa and may face visa revocation or denial of future applications.
Risk of Travel: There is a chance you’ll be stopped at the border as Day 1 CPT is highly scrutinized by USCIS. You will also not be able to travel if your green card is being processed.
Regulatory Compliance: Day 1 CPT may be seen as bypassing rules requiring students to complete one academic year before practical training, leading to legal concerns.
High Institutional Scrutiny: Schools offering Day 1 CPT face scrutiny from immigration authorities (USCIS), risking F-1 status issues if not well-documented.
Impact on OPT: Extensive use of Day 1 CPT can limit eligibility for Optional Practical Training (OPT), which is crucial for post-graduation work.
Risk of Abuse: Day 1 CPT may be misused for early work authorization, raising concerns about visa fraud and increased regulatory scrutiny.
Academic Focus: Immediate work through Day 1 CPT might detract from academic priorities and integration, potentially affecting long-term educational goals.
It is important to consult with a legal expert before making a decision on your work visa options. There are many visa pathways including the H-1B visa and O-1 visa that are more straightforward and provide better long term solutions. If you are looking for support or need legal advice catered to your goals you can schedule a call with our legal counsel today.
FAQ
Is Day 1 CPT legal?
Yes, Day 1 CPT is legal if it complies with U.S. immigration regulations and your institution’s policies. Ensure that your CPT is an integral part of your degree program and that you receive proper authorization from your DSO.
Can I change employers while on Day 1 CPT?
Yes, you can change employers, but you must report the change to your DSO and update your SEVIS record accordingly. The new employment must also meet the CPT requirements.
Does Day 1 CPT affect my OPT eligibility?
Day 1 CPT does not directly affect your eligibility for OPT, but extensive use of CPT could impact your OPT benefits. Ensure you manage your CPT time carefully to avoid any negative impact on future OPT opportunities.
Can I work full-time on Day 1 CPT during the academic semester?
Typically, Day 1 CPT allows for full-time work if your degree program’s curriculum requires it. However, some programs may have specific guidelines about part-time versus full-time CPT, so consult your DSO for details.
What if my Day 1 CPT application is denied?
If your Day 1 CPT application is denied, consult your DSO to understand the reason and explore alternative options. You may need to address any issues before reapplying or consider other practical training options available later in your program.