Is Day 1 CPT Legal? A Comprehensive Guide

Is Day 1 CPT legal? This question has sparked debates and raised concerns among international students seeking work opportunities in the United States. This guide explains the legitimacy of Day 1 CPT. It also looks at how it affects students' academic and professional paths. 

1. What is Day 1 CPT?

First, let’s understand what Curricular Practical Training (CPT) is. CPT is a type of off-campus work permission for F-1 students. It is an important part of their curriculum. According to 8 CFR § 214.2(f)(10)(i), CPT must be a key part of an established curriculum. It can include alternate work or study, internships, cooperative education, or any required internship.

Day 1 CPT is a type of Curricular Practical Training (CPT). It lets international students on F-1 visas begin working in their field of study right from the first day of their program.

Regular CPT usually requires students to complete one academic year before they can participate. In contrast, Day 1 CPT allows students to gain practical experience immediately after they enroll.

* Differences between Regular CPT and Day 1 CPT

2. Is Day 1 CPT Legal?

Yes, Day 1 CPT is legal under USCIS regulations.

USCIS lets each university create its own CPT policies. These policies include rules about off-campus internships for first-year students. Universities also can decide if their students can do full-time or part-time CPT.

However, students must meet specific requirements to maintain compliance and avoid potential risks:

• Students must maintain full-time F1 status and meet university attendance requirements.
• Students must make sure the internship or work directly relates to their field of study.
• Students must submit a CPT application to their university and receive approval before starting the work

3. Legal Documents Supporting Day 1 CPT

1) Official CPT Guidelines from the U.S. Immigration and Customs Enforcement (ICE) Website

• At the graduate or doctoral level, if the degree program requires the use of CPT for work internships from the first semester, students can contact the school's Designated School Officer (DSO) for authorization.

2) Explanation of CPT Legality by the U.S. Department of Homeland Security (DHS)

• CPT is only available to students who legally hold an F1 visa and must complete at least one year of full-time study at their school. However, if certain graduate programs require early relevant internships or work experience, students may be exempt from the traditional requirements.

3) Explanation of CPT in the Code of Federal Regulations of the United States

• According to Title 8, Chapter I, Subchapter B, Part 214, Section 10I, for graduate and higher-level programs, students can begin internships or work from the first semester without needing to meet the first-year requirement. The policy document also states that the work must be related to their field of study.

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In summary, Day 1 CPT complies with U.S. immigration regulations. As long as you strictly adhere to your school's compliance guidelines for Day 1 CPT, the risks associated with future status changes or visa applications are minimal.