Day 1 CPT - Potential Risks and Impact on Future Visas

Day 1 CPT refers to graduate-level programs that allow international students on F1 visas to work full-time in the US at the beginning of their studies. It usually applies only to SEVIS transfer F1 students, meaning those who have studied in the US for at least one academic year or more. 

According to USCIS and Homeland Security's official website, CPT (Curricular Practical Training) is a benefit for F1 international students, so why does it matter if it starts on day 1 or day 111?

Day 1 CPT: A Stigmatized Term 

An F1 visa is a non-immigrant visa issued by USCIS for foreigners who wish to study full-time in the US. The primary motive for those who possess this visa should be to study. The main concern with Day 1 CPT is that students on F1 visas may spend too much time working and not enough time studying. In this case, their stated intention to USCIS may not align with their actual activities, which could be considered visa fraud. To avoid being complicit in visa fraud, universities are usually very careful when issuing CPT work authorization, although it is entirely within their discretion to decide the necessity of practical training. 

Another reason why the term "Day 1 CPT" is unpopular among higher education professionals is the 2019 University of Farmington case. To combat visa fraud, federal agents established a fake Day 1 CPT university with no accreditation or real campus. Over 100 Indian students were lured into the scheme, receiving fake I-20 forms, which led to their tracking and deportation by Homeland Security and ICE. 

However, as we mentioned in our article about the role of Day 1 CPT in the US Immigration System, Day 1 CPT has been a crucial element in supporting international students when the current immigration system falls short. The demand for programs that can improve students' employability is undeniable. 

In recent years, more universities are realizing this trend and joining the "Day 1 CPT" trend while dodging the term "Day 1 CPT" , often labeling their programs as "hybrid executive programs." Currently, most of the universities offering Day 1 CPT programs are private institutions, as their management structures allow for greater flexibility compared to public schools. They quickly adapt to market demands and make changes to their programs. While many universities wish to develop such programs, the approval process can be slow. However, we are seeing more high-ranking schools entering the Day 1 CPT space, including public schools like UC Riverside. 

Although Day 1 CPT programs are legal when designed within USCIS guidelines, much of the fear surrounding them stems from the stigmatization due to a sting operation five years ago mentioned above. Historically, some individuals have tried to exploit the system and abuse Day 1 CPT programs, leading to increased scrutiny from USCIS when they encounter students who have overused CPT during their F1 studies.

Enrolling in a Day 1 CPT program doesn't inherently cause issues or reduce your chances of obtaining an F1 visa or OPT approval post-program. However, you need to ensure the school you choose is prepared for scrutiny, particularly when transitioning from F1 to H1B status. Proper documentation and a well-structured program are essential for effectively addressing requests for evidence (RFEs).

How to Maintain F1 Status

Surprisingly, not all prospective Day 1 CPT students know they may lose their post-graduate OPT opportunity if they prolong full-time CPT use during their program.

According to USCIS, if an F1 student uses CPT full-time for a year, they will automatically lose their OPT opportunity after graduation.

However, this risk applies to a small portion of Day 1 CPT students.

Based on our data, most students using Day 1 CPT already have a master's degree and have used their master's OPT or STEM OPT. Since an F1 student can use OPT only once per educational level, these students are not eligible for OPT again unless they pursue a higher degree.

In summery, you should follow these rules to avoid losing OPT eligibility while using Day 1 CPT: 

• If Day 1 CPT is your first master's degree, avoid full-time CPT for more than 11 months to maintain OPT eligibility. Part-time CPT does not affect OPT chances.
• If Day 1 CPT is your second master's degree, you can use full-time CPT throughout the program as you are not eligible for OPT anyway.
• If pursuing a doctoral level degree and wanting OPT after graduation, avoid full-time CPT for more than one year to ensure OPT eligibility post-graduation

 

Another red flag for USCIS officers is enrolling in too many similar degrees, which can raise questions about your intent.

Similar Degrees Raises Red Flags

For instance, if you come to the US on an F1 visa to study computer science at the bachelor's level, it is reasonable to progress to a computer science master's degree. However, if you already have a master's in computer science from a US institution and enroll in another similar program at a different school shortly after, it creates suspicion. The officer may believe you are attempting to prolong your stay rather than pursuing genuine academic goals, which can affect your visa renewal chances.

Most Day 1 CPT students already hold a degree from the US and aim to use their previous education and networks to secure internships or full-time jobs while in the Day 1 CPT program. This creates a dilemma. Let's use our student Sophie's (alien) case to demonstrate this: 

Student Story: Sophie's Choice

Sophie, with an MSCS degree from NYU, seeks to maintain her legal working status through Day 1 CPT after failing to secure an H1B. She faces the following issues:

• She can only find CS-related jobs.
• She  wants to develop in the CS field.
• She cannot repeat his CS major as an F1 student.
• If she chose other majors which are not closely related to her current job nature, she may not be able to get her CPT application approved by the school 
  
  

 

Extending Program Length Can Cause Suspicion

Additionally, extending the length of your program can also raise red flags.

For example, international students are generally expected to complete a master's program within three years. Continuously adding concentrations, especially in programs designed for local students like some MBA programs, may work for domestic students but can cause suspicion if you're an F1 student. USCIS may see this as a tactic to extend your stay in the US rather than a legitimate academic pursuit.

Finish or Quite a Program Too Fast

It is equally suspicious if you don't spend enough time on the program, such as completing it in less than a year or quitting mid-program without a proper reason. The duration of each program should be within a "reasonable period".

What is a "reasonable period"? Typically, three years for a master's degree and five years for a doctoral degree are considered reasonable. However, each case is different; some PhD programs can last up to seven years depending on the research subject.

If you get an H1B while using Day 1 CPT and find it challenging to balance work and study, you have options:

• You can "pause" your program, storing your credits and returning to finish later. Many Day 1 CPT schools, like Westcliff University, offer this option.
• Alternatively, schools like the University of the Potomac allow H1B students to take online classes with no on-site requirement and pay in-state tuition for the remaining credits.
• Lastly, you can choose to quit studying altogether, but we recommend staying for another semester to better balance work, study, and family and to strengthen your case.

We've had students quit mid-program due to family or health issues. For instance, one student got an H1B and became pregnant in the same year. She had to quit class before her H1B was active but successfully kept her H1B after explaining her situation during an RFE.

There is a common misconception among international students that having an I-20 from a higher-ranked university improves your chances of passing the F1 visa interview.

In reality, USCIS visa officers prioritize your intentions over the academic ranking of your institution. CPTDog has hosted webinars with former USCIS visa officers, who clarified that there is no "blacklist" of schools. As long as the institution is properly accredited and SEVP-approved, their I-20s are accepted.

However, if you already have a degree from a top-ranked school and then apply to a lower-ranked school, it may raise questions. This is especially relevant for Day 1 CPT students, as many of these universities do not have high rankings. In such cases, a clear, reasonable personal explanation is crucial. You should understand the Day 1 CPT program thoroughly and articulate why it is attractive to you, other than the simple fact that it offers internship opportunities. 

 

F1 Interview Tips from Formal USCIS Visa Officer

Since you have been in the US for a while, you should already know that having a valid F1 visa does not guarantee entry into the country. CBP officers have the authority to determine if they believe your true intentions and decide whether to allow you back in. This is a common fear among international students, especially those using OPT or Day 1 CPT. They worry that the added work situation or having an I-20 from a Day 1 CPT university might lead to being stopped at the border, causing many to feel trapped in the US and hesitant to visit home.

However, CBP officers treat I-20s from all accredited schools equally. Just like USCIS visa officers, your intentions matter more than your school's rank. An I-20 from a prestigious university does not guarantee entry either. It is reported that early 2024, a dozen international students in Ph.D. science programs at Yale University, Johns Hopkins University, and other major U.S. research institutions have been denied re-entry after visiting family, being immediately sent back home. The reasons for these blocks are unclear. These universities are now urgently seeking solutions to help these students, some of whom face a five-year ban from returning to the U.S., to complete their research and earn their degrees.

Aa Day 1 CPT student, when re-entering the US, you should bring proper documentation to assure CBP officers that your intention is to complete your academic program, not to work.

We made a travel guide for you to further explain how to travel in and out the country safely while on F1 visa. 

Other Resources: Know Your Rights: What to Do if You are Detained at a Port of Entry