The Impact of Day 1 CPT on Your Future Immigration Visas

Many international students who can't land an H1B visa are still finding ways to chase their American dream through Day 1 CPT. It's a popular workaround for those in the US academic scene dealing with immigration issues, giving them a chance to stay and study in the US while working.

While Day 1 CPT is a useful tool for those who want to maintain their status by studying and working, it can lead to issues later down the road. OPT, H1B, and green card applications can be affected by Day 1 CPT usage. Although it is a valuable complement to the flawed American immigration system, it does not come without risks. Without proper planning and strict compliance, misuse of Day 1 CPT could result in the rejection of a change of status from F-1 to H-1B or loss of OPT eligibility post-graduation. It may even cause problems for future immigration steps by increasing the rate of RFEs (Requests for Evidence) and potential rejections of future visa applications.

Day 1 CPT and Post-Graduate OPT

International students in the US are eligible for one round of OPT work authorization after each level of higher education you complete. Accordingly, you can use OPT once for your first bachelors, masters, and doctoral degree. If you are enrolling in your first masters or doctoral program for Day 1 CPT, you will be eligible for OPT upon completion of your degree. If you are applying for your second masters or doctoral degree, you will be eligible for OPT only if you have not used OPT for your first masters or doctoral degree. 

But this only applied if you haven't exceed your CPT use limit during the program. 

Part-Time CPT vs Full-Time CPT

The duration and type of CPT used can affect your eligibility for OPT too. CPT is classified into part-time and full-time. Part-time CPT is authorization to work 20 hours or less per week. Full-time CPT is authorization to work more than 20 hours per week. 

Using full-time CPT can affect your OPT eligibility. Working one year or longer on full-time CPT will make you ineligible for OPT after your degree. However, using part-time CPT has no effect on OPT eligibility. If you want to utilize CPT and maintain your OPT, make sure that you do not  work more than eleven months of full-time CPT. When you hit eleven months, you can switch to part-time CPT until the completion of your degree.

If your OPT is denied for other reasons than over used CPT during the program, there are still options for you. You can reapply, file a motion to reconsider, or move to reinstate your F1 status. 

Day 1 CPT Related H1B RFE and Rejection

There are several reasons USCIS can initiate an RFE during the H1B approval process. Details about your employment or F1 status maintenance can come under scrutiny.

But overall, USCIS is mainly concerned with visa fraud. While Day 1 CPT is legal, like all programs, it has the potential to be abused. Since Day 1 CPT is authorized through an F1 visa,  there are several guidelines you should follow. Your primary intention should be to acquire new skills or knowledge. As such, you should not apply to a  repeat of a US degree you have completed. Doing so would not show an intention to study.

Furthermore, you should make sure you are following all regulations for an F1 visa. On an F1 visa, you are required to have a certain hours of in-person classes per semester. All of our partner institutions abide by this regulation through the hybrid classes. The in-person class sessions are a key component to maintaining valid F1 status. Make sure you are attending all required in-person sessions to comply with the F1 visa guidelines.

For help navigating these guidelines, book a free consultation with our team.

How to Pass H1B RFE

Enrolling in an accredited Day 1 CPT university with strong RFE support can help you manage the risks of an RFE. Our partner institutions provide an RFE package that will help you refute an RFE. 

On your own, you can also keep records of your on-site attendance. Maintaining a folder with your flight tickets, pictures of the on-site attendance, and your assignment submissions can help show that you are meeting on-site attendance requirements of the F1 visa.

Will Day 1 CPT Affect My Green Card Application 

You can start your green card application process with an employer’s sponsorship while on Day 1 CPT. It is not contradicting to each other, as long as you are legally employed, your employer can sponsor. 

When it comes to green card application review, maintaining past immigration status is a significant aspect that USCIS will examine. Similar to the H1B application process, Day 1 CPT can lead to additional scrutiny during your green card application. Immigration officials may check if you followed all the rules for your F1 visa. Ensure that you have all your paperwork in order and consider seeking legal advice to streamline the process. 

If you are already on the track for green card application while using Day 1 CPT, that is perfectly fine. We have students successfully found employer that agree on sponsor their green card on Day 1 of hiring

Conclusion 

Day 1 CPT is a good option to further your learning through classes and applied practice. However, it can carry some risks of incurring an RFE through the immigration process. You can mitigate those risks by choosing an accredited school that will support you, and diligently maintaining your F1 status by the school and USCIS requirements.