As the Trump administration returns to power in January 2025, it’s crucial for international students to be aware of the potential pitfalls associated with Day 1 Curricular Practical Training (CPT). While Day 1 CPT might seem like an attractive option for those who wish to continue working while studying, it carries significant risks that could jeopardize your future in the United States.
Understanding Day 1 CPT:
- Day 1 CPT allows students to begin practical training from the first day of their academic program, often enabling them to work full-time while attending classes.
- This option is typically offered by a limited number of universities and is not explicitly recognized in immigration regulations, which generally require students to complete one full academic year before becoming eligible for CPT.
Potential Risks:
- Violation of F-1 Status: Although we have not seen any issues with Day 1 CPT in the last 4 years, under the previous Trump administration, USCIS took the position that Day 1 CPT violated F-1 status requirements, as it does not align with the regulatory requirement of completing one academic year before engaging in CPT.
- Unlawful Presence: Engaging in Day 1 CPT could lead to a determination of unlawful presence if USCIS deems it a status violation. Accruing unlawful presence can result in severe penalties, including a 3-year or 10-year bar from re-entering the U.S.
- H-1B and Change of Status Issues: Students using Day 1 CPT may face challenges when applying for a change of status to an H-1B or green card. USCIS will most likely issue a Requests for Evidence (RFE) questioning the maintenance of F-1 status, potentially leading to denials or the need for consular processing, which can be complicated by travel bans or other restrictions.
Recommendations:
- Exercise Caution: Carefully consider the long-term implications of opting for Day 1 CPT. The short-term benefits of continued employment may not outweigh the potential risks to your immigration status.
- Consult with Legal Experts: If you are considering or currently engaged in Day 1 CPT, seek advice from an experienced immigration attorney to understand your options and ensure compliance with immigration laws.
- Maintain Documentation: If you proceed with Day 1 CPT, maintain thorough documentation of your academic and employment activities to demonstrate compliance with F-1 status requirements.
Conclusion
In conclusion, while Day 1 CPT might offer immediate work opportunities, the potential risks under the new Trump administration could have lasting consequences on your ability to live and work in the United States. Proceed with caution and seek professional guidance to navigate this complex area of immigration law.
For a list of our previous articles on Day 1 CPT see below:
- Not Selected In The H-1B Lottery? Is Day 1 CPT The Only Option?
- Is Day 1 CPT Still A Problem?
- Day 1 CPT Revisited
- Why Day 1 CPT Is Not A Good Idea And Can Cause More Problems Than It Solves
If you have any questions regarding Day 1 CPT please reach out to PLG Partner Chris Prescott at cprescott@patellegal.com.