Is Day 1 CPT Legal? Understand Day 1 CPT from the Legal Perspective

Day 1 CPT (Curricular Practical Training) has been under increasing scrutiny, especially with the recent report by Bloomberg, which shed light on the controversies and implications surrounding these programs. As more international students seek ways to maximize their work-study opportunities in the U.S., it is essential to understand the legal framework that underpins Day 1 CPT and the potential risks involved. This article aims to clarify the legality of Day 1 CPT by examining relevant USCIS regulations and discussing the possible legal challenges associated with Day 1 CPT programs.

Day 1 CPT Comprehensive Guide: Is Day 1 CPT Legal?

Table of Contents

USCIS Regulations on Online Courses

Legal Considerations of Day 1 CPT

Conclusion

Legal Foundation of Day 1 CPT in U.S. Law

Generally, international students must wait one academic year before using CPT. However, Day 1 CPT allows them to work from the first day of enrollment. While many debates surround the legality of Day 1 CPT, most simply cite USCIS (United States Citizenship and Immigration Services) rather than delve into the fundamental regulations governing it. In fact, the legal foundation of Day 1 CPT is based on the Code of Federal Regulations (CFR). As it states in 8 CFR 214.2(f)(10)(i): 

"Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full-time basis, in an approved SEVP-certified college, university, conservatory, or seminary for one full academic year... Exceptions to the one academic year requirement are provided for students enrolled in graduate studies that require immediate participation in curricular practical training."

It is this regulation that serves as the basis for USCIS’s recognition of Day 1 CPT. In its explanation of CPT, USCIS states:

“Students enrolled in master’s degree or doctorate programs that require immediate participation in CPT are exempt from the one-academic-year eligibility rule” . 

As shown in the image, USCIS explicitly refers to the Code of Federal Regulations as its legal authority. Therefore, the legality of Day 1 CPT is rooted in established legal statutes.

This special rule  has led some higher education institutions to design graduate programs that allow students to use CPT for full-time employment from the first day of enrollment. However, the USCIS advises that CPT should not replace the academic core of an F-1 student’s degree program. Schools must justify how Day 1 CPT is essential for the academic curriculum. Thus, a credible Day 1 CPT school should require its students to meet academic requirements, including attending classes and completing assignments.

USCIS Regulations on Online Courses

The USCIS has placed limitations on online courses for F-1 students. Federal regulations state that only one online course (up to 3 credits) can count toward the full-time course load per semester for F-1 students. While Day 1 CPT students can take online courses, they must ensure that their course of study complies with these rules to prevent violations that could jeopardize their F-1 status.
This policy also explains why many Day 1 CPT universities and colleges require students to attend on-site sessions. As a Day 1 CPT student, you may be required to attend on-site classes monthly or once per semester, depending on your school's policy. Meeting this requirement helps demonstrate compliance with immigration regulations. However, failing to meet this standard could lead to the termination of your F-1 status.

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Legal Considerations of Day 1 CPT

Day 1 CPT offers valuable opportunities for immediate practical training, but it is essential to be aware of the associated legal risks to protect your F-1 status. Here are key points to consider:

• Accreditation and Program Legitimacy: Verify that your Day 1 CPT program is offered by an accredited institution and that CPT is an integral part of your academic curriculum. This helps ensure compliance with USCIS regulations and safeguards your F-1 status.
• Maintaining F-1 Status: As Day 1 CPT student, you should prioritize studying rather than working. Enrolling in a legitimate, well-structured program that includes classroom attendance and coursework is necessary for maintaining your F-1 status.
• Participation in On-Site Classes: Many Day 1 CPT programs require periodic on-site class attendance. Complying with this requirement demonstrates your academic engagement and supports your compliance with USCIS regulations.  To ensure proper documentation, you should keep evidence of your commutes, such as flight tickets and photographs from on-site classes.
• Future Visa Applications: Proper use of Day 1 CPT can ensure a smooth transition to future benefits like OPT or H-1B visas. To support your case, it is important to maintain thorough academic records and meet the minimum GPA requirements.

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Conclusion

Day 1 CPT can be an excellent opportunity for students seeking immediate practical training, but it is crucial to understand the legal requirements and maintaining compliance are essential. By choosing accredited programs, meeting academic obligations, and keeping thorough documentation, students can maximize the benefits of Day 1 CPT while protecting their F-1 status and future visa opportunities.

If you have any questions about Day 1 CPT, book a free consultation for expert advice. We will address all your concerns.