H1B Lottery is Over, What’s Next?

For the most part, the H1B lottery for FY2024 has been finalized. If you did not get “selected”, it is time to consider a backup plan for your stay in the U.S. Day 1 CPT becomes an increasingly popular alternative option for F1 students in recent years. It is a cost-effective way to ensure F1 students who just entered the professional field continue working in America legally. If you are not selected for the H1B this year, keep reading. This article might help you through the darkest time of your career development.

What is Day 1 CPT? Is it legal?

The term “Day 1 CPT” refers to a practice in which some students use Curriculum Practical Training (CPT) to continue working in the United States after completing their academic program or after their previous OPT expired.

Most schools do not allow students to use CPT in the first semester or the first year of their program. Few universities allow students to work on-campus in their first year, but if students want to work off-campus, they will have to wait until the second year of study. However, if CPT is required or designed as an essential part of an education program, students can start working on the first day of enrollment, which is what we call Day 1 CPT.

According to the description of the U.S. Immigration and Customs Enforcement (ICE), if a student’s internship is relevant to their major and meets the requirements of the internship, then it is legal for them to work in the U.S. by using CPT.

The USCIS website does not provide detailed requirements for CPT or Day 1 CPT, leaving room for interpretation. Therefore, some may consider Day 1 CPT as a controversial issue. Although Day 1 CPT is legal, in some cases, if it is used improperly, there is a risk of being considered as an abuse of the visa system.

Who is Day 1 CPT for?

The largest group of people who use Day 1 CPT are international students who hold OPT or STEM OPT and want to work and develop their careers in the US long-term after using up their OPT authorization. They may consider quickly enrolling in a school that offers Day 1 CPT to legally stay in the US with an F1 status:

§  if their employer does not sponsor H1B, or

§  if they were not selected in the H1B lottery, or

§  if they are currently unemployed while facing the end of the OPT grace period

They can then enroll in a CPT course (an internship course), apply for approval from the school for an internship, and continue working in the US with a CPT I-20 while waiting for another round of the H1B lottery.

In recent years, Day 1 CPT has become the most common backup plan for international students who did not get an H1B. Although international students who did not get an H1B can still choose to apply for an O visa or pursue other paths such as NIW immigration for high-end talent, or even marriage-based immigration, these options have restrictions and are only suitable for a small group of people. Compared to these options, enrolling in a Day 1 CPT program is much easier.

Unlike OPT, the application for a CPT internship only requires approval from the school you are attending and does not require approval from the immigration department, making it highly operational with a near-to-100 % successful rate.

In addition, students who hold a work permit such as H1B, H4 EAD, L-2 EAD, etc. can also consider switching to an F1 status by enrolling in a Day 1 CPT program if their request for an extension of their work permit is denied by the immigration department. This will allow them to legally stay in the US and continue working.

How could Day 1 CPT help you?

Day 1 CPT allows international students to legally stay in the United States after completing their first degree, while also allowing them to develop their careers by gaining work experience. It can be a great option for students who want to learn new skills, earn an advanced degree, or gain internship experience.

Here are some of the benefits of Day 1 CPT:

• You can legally stay in the United States while you are working.

• You can earn money to support yourself while you are working.

• You can gain valuable work experience that can help you get a job after you graduate.

• You can learn new skills that can help you get a job after you graduate.

• You can earn an advanced degree while you are working.

• You can gain internship experience that can help you get a job after you graduate.

If you are interested in Day 1 CPT, you should talk to your school's International Student Services office. They can help you determine if you are eligible for Day 1 CPT and can help you find a program that is right for you. 

How to use Day 1 CPT to work?

Step 1: Find a reputable Day 1 CPT school to enroll in within the validity period of your status.

Day 1 CPT schools focus on practical training and operate differently from traditional academic institutions. They have multiple enrollment windows every year, and the application process is relatively easy. If you act quickly, you can obtain a new I-20 within two weeks and maintain your status.

Step 2: Enroll in a CPT course and apply for a CPT I-20.

Day 1 CPT universities focus on practical training and require CPT courses as a core component, typically for one credit hour. After selecting your courses, you need to obtain an offer letter or other form of employment verification from your employer. Completing the school’s CPT application process and demonstrating that your internship/work is highly relevant to your chosen major is a great opportunity to enhance your knowledge. If you meet the requirements, the school will issue a CPT I-20.

Step 3: Start working according to the start date on your CPT I-20 work authorization.

If you start working before receiving formal approval for your CPT, you may be denied in the future during H1B or green card applications by immigration authorities for “failed to continuously maintain lawful status.” Different schools have different processing times for SEVIS and CPT applications.

If your OPT has already expired on the same day as your SEVIS transfer and your new school's CPT has not yet taken effect, you cannot work during this gap period without OPT or CPT authorization. If this happens, it's best to follow the re-hire process or take a leave of absence. Employers who accept CPT as a work permit usually understand this.

Step 4: Renew your CPT permit regularly and participate in the next round of the H1B lottery.

Different Day 1 CPT universities have different CPT application regulations, most of which need to be renewed once per semester or once per year. Renewing your CPT permit on time helps maintain your legal work status and provides you with opportunities to join another round of the H1B lottery.

Step 5: Receive H1B or green card.

During your enrollment at a CPT school, if you are selected in the H1B lottery, you can choose to drop out. However, the school will typically advise you to continue your studies for a period to avoid appearing too abrupt when changing your status, which could leave too much interpretation space for USCIS.

Dropping out can save on tuition fees, but not dropping out also has its advantages. If your employer agrees, you can choose to activate your H1B status overseas after being selected, use up your CPT time, and then start your six-year H1B period, leaving more time for your green card application.

Day 1 CPT risks and how to avoid them?

There are risks if the operation is not done properly. However, if you follow the Day 1 CPT requirements, you will most likely be fine. What does “follow the CPT requirements” mean?

Firstly, it is important to choose the right Day 1 CPT universities and the current majors. Secondly, after starting classes, it is important to fulfill the responsibilities of an F1 student, ensuring that you attend classes and maintain the required GPA. Finally, the job/internship you choose must meet the requirements of your CPT program. You can read more on Day 1 CPT risks here.  

§  How to find a reliable CPT school?

In the United States, regional accreditation is more important than national accreditation. Make sure to choose Day 1 CPT universities that hold at least one of these six major accreditations:

o   Higher Learning Commission

o   Middle States Commission on Higher Education

o   New England Commission of Higher Education

o   Northwest Commission on Colleges and Universities

o   Southern Association of Colleges and Schools

o   WASC Senior College and University Commission

Besides accreditation, Day 1 CPT universities that do not require on-site attendance should be approached with caution. Also, try to avoid schools without any references. Ask people around you where they went and consider going to a reputable school that someone you know can refer you to, which may also provide a tuition discount for both parties.

§  How to choose a CPT program that will not be questioned by USCIS?

Firstly, avoid repeating the same major or one that is too like your previous degree. If USCIS questions the necessity of your study, they may determine that your true intention is not to study, and thus, obtaining an F1 visa would be unreasonable, which would constitute visa fraud.

Secondly, it is safer to choose a program that is a step up from your current level of education, such as a DBA, if you already have a master's degree. Lastly, make sure that the CPT program you apply for matches your current or desired job, as the essence of CPT courses is practical, and the work you do must be highly relevant to your field of study. 

§  A GPA of 3.0 is not that difficult.

To use Day 1 CPT, you must be an F1 student. It is the student's responsibility to attend classes, complete assignments, and maintain a GPA. Fulfilling these responsibilities will make you less anxious, even if you receive a Request for Evidence (RFE).

To make it easier to choose a CPT school, there are some tips and tricks for selecting courses. You can use the course evaluation system at https://goelite.us/rate to get inside information.

If you have not received a CPT I-20, do not start working. Remember to renew your CPT on time.

This is a strict requirement to maintain your status and is non-negotiable. Some people work on CPT but forget to renew their status, and their company's HR may not remind them. As a result, they may unwittingly become undocumented workers. If this happens, transferring I-20 to another school can help you get back on track.

Accredited Day 1 CPT Universities Recommendations

§  Westcliff University

The main campus is located in Irvine, Los Angeles, with another campus in Miami. The university is rapidly expanding and recently merged with a well-known law school in Los Angeles. It has also purchased a new building in Irvine for teaching. The university offers Day 1 CPT courses such as MS Computer Science, MBA, DBA, MS Information Technology, MS Engineering Management, and most are STEM programs.

The teaching mode is hybrid, with most courses being conducted online. The university implements an Engage Week model to complete on-site requirements. Students are required to be on-site about once per semester. Tuition is charged per credit, with a Master's program credit costing $775 and a Doctoral program credit costing $850. Each semester requires six credits, with students requiring CPT taking an additional credit for a total of seven credits.

The university has a high success rate for RFEs (Request for Evidence). It has the highest regional accreditation, so most students are not subject to RFEs. If an RFE is issued, 95% of cases are approved. The university invests heavily in CPT, which is a feature of its graduate programs. The school has rich experience and provides comprehensive support, such as preparing RFE packages, for students. Although tuition fees are relatively high, it is still popular among Chinese students.

www.day1cpyt.org provides a $1000 scholarship to international students as Westcliff's official representative. 

§  Trine University

Trine University is a private institution established in 1884, with campuses in Detroit and Phoenix. It is currently the most popular CPT school among Chinese students, mainly because of its reliable accreditation and relatively low tuition fees. For graduate programs, each credit costs $575, and the entire program costs less than $20,000. In terms of price, it is a leader among CPT schools.

In summary, the university has regional accreditation, is reliable, has many Chinese students, and offers low RFE rates. Additionally, if students apply through Wildfire, they can receive a $600 scholarship. www.day1cpt.org has a good relationship with Trine's admissions officers, and they have helped many students secure admissions within a day to maintain their immigration status without leaving any negative record.

§  Harrisburg University

Harrisburg University is well-known and has many successful cases of CPT to H1B conversion. Since the new president took office in 2013, the number of students has increased from just over 500 to 6,000, with the vast majority being international students on CPT. The university offers a wide range of STEM programs, making it an excellent choice for students looking to obtain a master’s degree in a new field. The only downside is that on-site frequency has been reduced to once a month since the pandemic. If you work in New York or Washington, D.C., it's not a big problem, but if you're on the West Coast, it's recommended to choose one of the other two schools. Harrisburg currently offers a $600 scholarship, and those interested can inquire by filling out the form below.

§  Monroe College

Located in Manhattan, New York, Monroe College's Day-1 CPT programs include MS Computer Science, MBA, and an Advanced Certificate course. Students are only required to be on-site once a month on Saturdays. The university has a long history, and it has strict attendance requirements for on-site classes. Many students in the group have reported that their H1Bs were approved without RFEs.

Monroe College's program duration is two years, with six semesters, and two vacation semesters (students can also opt for full-time CPT), which can be extended to two 2 years and 8 months to complete. Compared to other schools, the tuition is about the same but with an extra chance for a lottery draw.

For those interested in Monroe, we can also offer a $600 scholarship.

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