Recent developments regarding the revocation of certain F-1 visas have raised concerns among international students enrolled in Day 1 CPT programs. Understandably, many are asking: Will Day 1 CPT be affected? Is it legally vulnerable?
This article provides a comprehensive explanation of the legal basis for Day 1 CPT and analyzes whether recent enforcement actions pose a threat to its legitimacy.
Table of Contents
Key Takeaway: Day 1 CPT Has a Legal Basis in U.S. Immigration Law
Legal Foundation: 8 CFR 214.2(f)(10)(i)
What Enforcement Agencies Can Do
Key Takeaway: Day 1 CPT Has a Legal Basis in U.S. Immigration Law
While policy enforcement may tighten, Day 1 CPT is currently supported by federal regulation. It cannot be arbitrarily canceled by administrative agencies such as USCIS or ICE. Unless the relevant legal provision is formally amended, the Day 1 CPT framework remains intact. However, students must be cautious about compliance, as violations of CPT conditions may be subject to enforcement.
Is Day 1 CPT Legal? Understanding Day 1 CPT from the Legal Perspective
Legal Foundation: 8 CFR 214.2(f)(10)(i)
The authority for Day 1 CPT originates from Title 8 of the Code of Federal Regulations (CFR), specifically 8 CFR 214.2(f)(10)(i):
“Exceptions to the one academic year requirement are provided for students enrolled in graduate studies that require immediate participation in curricular practical training."
This provision explicitly allows for CPT from the first day of a degree program if immediate practical training is a formal requirement of the curriculum, particularly at the graduate level. This is the legal foundation on which Day 1 CPT programs operate.
Although the websites of USCIS, ICE, and DHS may offer commentary or guidance on CPT, these do not supersede the authority of federal regulations. In fact, when USCIS refers to Day 1 CPT, it often cites this exact regulation, further affirming its validity.
(Source: USCIS website)
Can the Law Be Changed?
Technically yes—but only through formal rule-making.
While USCIS does have the authority to propose changes to immigration regulations, it cannot bypass established legal procedures. Any amendment to the CFR must follow the Administrative Procedure Act (APA), which includes:
- Publication of the proposed rule in the Federal Register.
- A public comment period, typically lasting at least 30 days.
- Issuance of a final rule, with an effective date provided in advance.
This process is rigorous and transparent. As a precedent, attempts by USCIS to modify the wage criteria for H-1B visas were blocked during this revision process. Therefore, even if changes to Day 1 CPT were proposed, they could not be implemented suddenly or without warning.
What Enforcement Agencies Can Do: Increased Scrutiny of CPT Use
While the regulation remains unchanged, administrative agencies may increase their oversight of CPT usage. Common areas of scrutiny include:
-
Whether the student is genuinely enrolled and attending classes.
-
Whether the employment is directly related to the student’s field of study.
-
Whether the CPT authorization was properly issued by the institution.
Students who misuse CPT—such as by engaging in employment unrelated to their program, or failing to attend in-person classes as required—may be subject to administrative action, including visa revocation or denial of benefits.
How Trump’s Presidency May Affect International Students: Key Changes in Visas, Jobs, and More
How to Choose a Day 1 CPT School During Trump‘s Term: Changes and Strategies
Conclusion: Remain Informed and Compliant
In summary, Day 1 CPT remains legally viable under current U.S. regulations. Although recent visa enforcement actions have caused concern, they do not indicate an imminent threat to Day 1 CPT programs.
However, international students must continue to exercise caution:
-
Ensure that your program formally requires immediate CPT.
-
Confirm that your school is authorized to issue CPT.
-
Keep thorough documentation of your employment and academic progress.
-
Stay updated on policy developments and consult legal experts when necessary.
While the regulatory foundation is stable for now, vigilance and compliance are essential in an evolving immigration environment.
