Risks of Day 1 CPT, Learn From These 8 Must Known Questions

| Content Brief

1. Is Day 1 CPT Legal?

2. How to Ensure Legal Use of Day 1 CPT

3. How Exhausting is it to Maintain Status with Day 1 CPT and How Expensive?

4. Does Using Day 1 CPT Affect My OPT?

5. Does Using Day 1 CPT Increase the Risk of H1B RFE?

6. Can CPT Schools with Degrees Participate in the Master's Cap Lottery?

7. Does Day 1 CPT Affect Green Card Applications?

8. How to Update Visa Status and Can I Travel Back Home During CPT?

1 - Is Day 1 CPT legal?

According to the U.S. Citizenship and Immigration Services (USCIS), CPT is an opportunity that allows students with an F-1 visa to engage in paid internships related to their field of study before completing their education. If the internship is relevant to the student's major and meets the program's requirements, using CPT or Day 1 CPT (CPT used on the first day of a graduate program) is considered legal.

Certain fields such as hospitality management, nursing, and education emphasize practical application, and the curriculum requires internships. Therefore, the USCIS allows such internships in the United States. Additionally, many U.S. internships are paid, allowing international students to use CPT to earn a living.

However, the USCIS does not explicitly state that the primary purpose of CPT is to allow students to continue working in the U.S. after graduation. As a result, Day 1 CPT has become a controversial gray area. Essentially, CPT and Day 1 CPT is legal, but improper use of Day 1 CPT or perceived abuse of the U.S. visa system can lead to the risk of deportation.

2 - How to ensure that you are on a legitimate practical Day 1 CPT?

a. Find a reputable CPT school. In the United States, regional accreditation is higher than national accreditation. Look for the six major accreditations and don't deviate from them. Schools with any of the following accreditations are considered legitimate schools. Other accreditations may not carry the same weight, so don't take them too seriously. What makes a CPT school reputable? Having one of the six major accreditations:

• Higher Learning Commission

• Middle States Commission on Higher Education

• New England Commission of Higher Education

• Northwest Commission on Colleges and Universities

• Southern Association of Colleges and Schools

• WASC Senior College and University Commission

In the post-pandemic era, schools that don't require on-site attendance are highly suspicious. Avoid schools without a track record. Ask people around you where they have gone and choose a school that people you know have attended. It not only ensures reliability but also allows you to ask for a referral, which can lead to a tuition discount for both parties. If you don't know anyone, try to network or consult with intermediaries. Before applying, request to join the group of a backup CPT school you have in mind, and observe the conversations within to get some insights.

b. Don't start working without obtaining a CPT I-20 and remember to renew your CPT on time. This is a non-negotiable requirement for maintaining your status. Some people work on CPT, but when their CPT expires, they fail to renew it, and even the HR department of their company fails to remind them. As a result, they unknowingly risk becoming unauthorized immigrants. If this situation occurs, you need to take urgent action by transferring to another school and obtaining a transfer I-20 to rectify the situation.

c. A GPA of 3.0 is not that difficult. To use Day 1 CPT, you must be an F1 student. Since you are a student, it is your responsibility to attend classes and complete assignments to maintain your GPA. Fulfilling this responsibility will keep you calm even if you receive a Request for Evidence (RFE) from USCIS.

d. Relevance between work and major is crucial. Day 1 CPT is essentially an experiential course, and the work you engage in must be highly relevant to your field of study. The specific determination of relevance can be left to the CPT school's teacher who handles CPT approvals. If your work is not sufficiently aligned with your major, the teacher will directly inform you and provide an opportunity to modify the job description. If all else fails, they may suggest changing your major to match your work. However, this is assuming you are attending a legitimate CPT school. DSOs (Designated School Officials) at these schools are well-versed in USCIS procedures and will not dig pitfalls for your future RFEs.

e. Pay extra attention when choosing a major. Avoid duplicating the same major. If you pursue two diplomas in the same degree field that are too similar, USCIS may question the necessity of your studies and determine that your true intention is not education-related. This would undermine the validity of your F1 visa application and be considered visa fraud. Pursuing a Ph.D. degree, which entails continuous advancement, can be a good way to mitigate this risk.

3 - What are the major drawbacks of Day 1 CPT?

• Tuition fees

The cost is one of the biggest drawbacks of Day 1 CPT. Depending on the school and program, on average, you can expect to spend $800 to $1400 per month. Before getting the H1B visa, there will be a considerable period of time where you will feel like you are spending money to work. People often perceive it as expensive because they don't approach it with the mindset of truly focusing on their education. However, there are now some well-established Day 1 CPT schools with excellent course content. Since they cater to the industry, the instructors are experienced professionals from the field. If you take it seriously, you can gain valuable knowledge and networking opportunities. In that sense, you can consider it as continuing education while working, and the financial burden won't feel as heavy.

Tuition costs can be mitigated by seeking scholarships and referral bonuses. When you think about it, pursuing CPT is essentially buying yourself more chances in the H1B lottery. After all, investment immigration is even more expensive.

• Academic workload

It can be exhausting, and personally, I find it to be the biggest drawback. As the pandemic situation improves, the frequency of on-site attendance is gradually increasing, and many schools have switched to once-a-month visits. However, the workload is secondary to the fact that returning to school and doing assignments for CPT is a reason many students are not willing to opt for Day 1 CPT.

Overall, the coursework usually amounts to 3-4 hours per week, so it's important to learn how to manage your time efficiently. Being active in group discussions and utilizing certain "tools" can be helpful. (Note that many schools now employ AI-based writing detection systems, and if caught, it can lead to failing the course and jeopardizing your immigration status!)

I may personally find it challenging as I work while studying, and I sometimes complain about not being able to go out with friends or do certain activities on weekends. However, among those who are pursuing CPT alongside me, there are indeed some highly capable individuals who work full-time and part-time simultaneously. They are truly hard workers, and both of their employers liked them enough to sponsor their visas. Some were fortunate enough to get selected in the lottery on their first attempt.

6 - Does using Day 1 CPT increases the chances of receiving an H1B RFE?

It's possible. However, receiving an RFE does not mean denial; it simply requires providing additional documentation. Once you meet the requirements, you can still obtain an H1B visa.

Reputable Day 1 CPT schools often provide students with an "RFE package" and assist them in gathering evidence.

7 - Does Day 1 CPT affect the green card application?

No, it's unlikely. Since F1 visa with Day 1 CPT application and green card application are separate pathways. When applying for a green card, USCIS officers may review your lawful presence in the U.S. Therefore, if you attended a legitimate Day 1 CPT school and fulfilled the responsibilities of an F1 student, such as attending classes, submitting assignments on time, maintaining a satisfactory GPA, and timely application for various processes including CPT renewal, it will not have any negative impact on your green card application.

8 - Can I update my visa status or travel back to my home country during CPT?

To be honest, I wouldn't recommend it. If your original F1 visa is still valid, it's relatively easier. However, if your visa has already expired, it is generally not recommended to leave the U.S. unless there is a specific need. As long as your I-20 is valid, you can continue to live, work, and study legally in the U.S. even if your F1 visa expires. It is safest to wait until you receive the H1B or obtain the green card before traveling back to your home country.

There have been successful cases where students (in Harrisburg) returned to their home country when their passport was about to expire. They had personal reasons to do so and chose to renew their passport and visa while abroad. They prepared a lot of documentation, fearing scrutiny upon reentry, but surprisingly, everything went smoothly, and they didn't have to use any of the prepared documents. However, I believe their case was lucky, and it does not guarantee that everyone will not be scrutinized when reentering the U.S.

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Interested in Day 1 CPT or having status issues, CPTDog’s consultants can help!