Day 1 CPT - Exploring the Potential Risks

What is Day 1 CPT

Day 1 CPT programs enable students to work while studying from the first day of their program, provided certain requirements are met. These requirements include having a job related to their program of study, internship or work experience being an essential part of the school's curriculum, obtaining approval from the Designated School Official (DSO), and fulfilling the full course of study, which may vary from six to nine graduate credits depending on the university's policy.

For working professionals seeking to enhance their education, Day 1 CPT programs can be a valuable option.

It's important for students to note that if they use CPT for over a year while working full-time (more than 20 hours per week), they won't be eligible for OPT after graduation. For additional details on regulations and policies, please refer to the SEVIS Help hub.

Several universities that offer Day 1 CPT programs provide a Hybrid format, which includes a combination of online and in-person classes.

Indian Students Arrested by ICE Because of Day 1 CPT?

Let’s address the elephant in the room!

In 2019, a high-profile Day 1 CPT arrest case emerged, which continues to generate controversy and has had a significant impact on thousands of F1 students.

The case happened in Michigan, where federal agents established a fictitious institution called the University of Farmington to ensnare non-compliant students.

The University of Farmington purported to offer enrollment with Day 1 CPT privileges without the obligation of attending classes or completing coursework, an appealing proposition for many students. However, the institution failed to adhere to CPT requirements, specifically the requirement that students have to participate in academic studies.

The Detroit News investigated the University of Farmington and found that it was a sham institution with no faculty, curriculum, or academic obligations, but rather existed solely to provide fraudulent Day 1 CPT to students. Federal agents had set up the institution as part of an immigration fraud investigation, to identify non-compliant students abusing the CPT system.

The Department of Homeland Security and ICE HSI subsequently apprehended eight recruiters of Indian origin, charging them with visa fraud and alien harboring for profit.

The Truth

Day 1 CPT is designed for international students to get a head start in the American job market. Without a local network and work experience, it might be extremely difficult for an international student to land a job after graduation despite of his/her excellent academic performance and practical experience. However, anything could be abused in a way that betrays its original intention, and so does Day 1 CPT.

There exist other "universities" just like Farmington, which is made up of the ICE. Taking advantage of new immigrants' lack of understanding of the educational system and immigration policy of the U.S., they attract students with programs that are not certificated and thus illegal. Although Day 1 CPT is completely legitimate, such sort of abusive practice is not legally permissible.

We’ve written a guide on how to spot a shady Day 1 CPT university: Maximizing the Benefits of Day 1 CPT while Mitigating the Risks: A Comprehensive Guide

Read through, if you still have questions or are not sure if the school you chose is legit, talk to us, we are here to help.

Denied entry because of Day 1 CPT?

Although F1 students can legally work through CPT or OPT, both options have limitations. According to 8 CFR 214.2 (f)(10), a student can receive authorization for 12 months of practical training and may be eligible for an additional 12 months when transitioning to a higher level of education.

Previously, USCIS primarily focused on limitations surrounding the transition from OPT to CPT, resulting in strict enforcement against allowing international students who have exhausted their OPT to use another CPT at the same degree level with the same major. Such action would constitute a violation of F1 status.

How to avoid this risk? Can you travel through the border safely while using day 1 CPT?

Read our post Denied Entry Because of day 1 CPT? How to Avoid the Risks?

Will day 1 CPT affect my OPT?

As long as you do not use full-time CPT for 12 months or more, then no, it will not affect your OPT.

CPT can be either part-time (20 hours or less per week) or full-time (over 20 hours per week). There are no restrictions on the duration of part-time CPT, and you can engage in it for any number of months.

Full-time CPT has no weekly hour limit, except for any restrictions set by your university. If you use 12 months or more of full-time CPT, you become ineligible for OPT. However, there is no restriction on the total number of months you can use CPT.

Will using Day 1 CPT affect my Green Card processing?

Can I use Day 1 CPT if I’ve had an H1B?