Day 1 CPT – If H-1B is rejected

The Day 1 Curricular Practical Training (CPT) is a work authorization becoming popular for students because it allows international students to start working immediately. Recently, it has become popular as a visa alternative for people who have been unsuccessful in the H1B lottery.

What is Day 1 CPT?

The Day 1 Curricular Practical Training (CPT) is a work authorization that international students (F-1 student visa holders) can apply for that allows them to work as soon as they enroll in their program.

Day 1 CPT is offered by specific master’s and doctoral programs in the United States, allowing graduate students to start working in roles relevant to their field of study from the very first day of their academic program.

How to Apply

To begin the application process for Day 1 CPT, international students must work closely with the university’s Designated School Official (DSO) to determine their eligibility. Registering for a CPT course is an important initial step in accessing Curricular Practical Training (CPT) benefits.

The timeline for approval can vary, so it is crucial to apply before the program start date. The university has the authority to make decisions regarding on-campus or off-campus internships, and students should be aware of the potential risks if they choose not to participate in regular classes.

Requirements for International Students

To request Day 1 CPT, the international student must be studying at a university or college that offers Day 1 CPT, have a valid F-1 international student visa, and have a job offer that is closely related to their field of study.

Students can start working under Day 1 CPT from their first semester, providing an early start that is a significant advantage for gaining work experience and enhancing their resumes.

Your Designated School Official (DSO) must also approve your work as part of your application process, and it is important to apply before the program start date. Additionally, you must maintain a GPA of 3.0 in your schoolwork during your internship to maintain legal status.

Submission Guidelines for CPT Authorization

University programs play a critical role in allowing international students to utilize Day 1 CPT, enabling them to start working alongside their studies from the very first day.

The university also has the authority to make decisions regarding on-campus or off-campus internships so students should be aware of the potential risks if they choose not to participate in regular classes.

The work performed under CPT must be directly related to the international student’s major field of study. Misalignment can be viewed as non-compliance. International students must be enrolled full-time in a degree program, and the CPT must be integral to their course of study.

You must have a job offer before applying for CPT. The CPT application process typically requires you to provide details about the job, including the employer’s name, job description, and how it relates to your studies. Proper documentation, including a detailed explanation of how the CPT is integral to the curriculum, is required.

Processing Time

The processing time for Day 1 CPT depends on the approval process set by the institution and DSO rather than the USCIS. Once the DSO submits its approval of the application, the university is responsible for updating the applicant’s I-20.

Once the international student has received the updated I-20, they are eligible to start working. These processing times could be days or up to a few weeks depending on the DSO’s workload.

Validity

Day 1 CPT work authorization is valid from the day that their I-20 is updated which means the international student can usually start working from the very first day of their program.

International students need to consider how their Day 1 CPT work authorization could affect their eligibility for Optional Practical Training (OPT) later on.

Excessive use of CPT (especially full-time) can inhibit their eligibility for Optional Practical Training (OPT), as students are limited to 12 months of full-time CPT. Planning the transition from CPT to OPT can be complex and requires careful timing to avoid gaps in employment authorization.

List of Day 1 CPT Universities

There are Day 1 CPT universities located across the US. You can find a comprehensive list of schools online but be sure to check that the institutions you are interested in have the accreditation needed by the F-1 visa requirements.

Some popular options include:

• Harrisburg University because of its strengths in the Engineering and technical fields
• Monroe College because of its good reputation and relatively low tuition costs, and
• Westcliff University because it is known to be reputable and offers several accredited programs

Before applying, contact universities directly to make sure that their programs are the right match for you. It is also advisable to talk to an experienced immigration attorney to make sure that the university meets the Day 1 CPT requirements set by the USCIS before enrolling.

Employment Restrictions with Day 1 CPT

The employment must be directly related to your major field of study and approved by your DSO. You cannot apply for Day 1 CPT authorization without an existing job offer. The job must follow U.S. labor laws and be in the geographic area specified by your higher education institution’s Day 1 CPT guidelines.

Day 1 CPT programs enable international students to gain practical work experience while studying, thereby enhancing their competitiveness in the job market.

Full-time CPT can be used during school breaks or if your university allows it during the academic term. You must be enrolled full-time and making satisfactory progress in your program while engaged in CPT. If you drop below full-time status or fail to maintain good academic standing, it could jeopardize your CPT authorization.

Which is the better H1-B alternative over Day 1 CPT?

It depends on your circumstances. If you are unsuccessful in the H1B lottery, You can enroll in a Day 1 CPT immediately if you are not selected for the H1B lottery as a way to maintain your legal status and continue working for the short term.

As there is a 60-day grace period after the H1B lottery for unsuccessful applicants, you have time to find an accredited Day 1 CPT university and academic program that best suits your line of work.

Day 1 CPT to H-1B visa – The Process

It is possible to adjust your status from Day 1 CPT to H1B if you meet the eligibility requirements.

Here is an overview of the six-step process of going from Day 1 CPT to H1B. Working while studying can help students pay for their living expenses and tuition fees.

Secure Employer Sponsorship for the H1B Visa

Before you can apply, ensure that you have an employer willing to sponsor your H-1B visa. The employer must be willing to go through the H-1B petition process, including filing the necessary forms and paying associated fees.

Prepare Required Documentation

You will need to submit personal documents including your passport, employment verification records, copies of previous I-20 forms, visa stamps, and I-94 records.

You will also need to submit all materials related to your Day 1 CPT program including transcripts, CPT authorization letters, and proof of enrollment in the Day 1 CPT program.

Employer’s Responsibilities

First, your employer must file a Labor Condition Application with the Department of Labor (DOL). This process ensures that the employer will pay you the prevailing wage and maintain acceptable working conditions.

Once the LCA is certified, your employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.

File H-1B Petition

If you are applying under the regular H-1B cap, your employer needs to submit the petition on your behalf during the designated filing period, typically in April.

If you qualify for a cap-exempt H-1B (for example: working for a university or research institution), your employer can apply at any time.

Maintain F-1 Status During the Process

While your H-1B petition is pending, you must continue your CPT employment as authorized. Be sure to maintain your full-time student status and comply with all CPT regulations.

Once your H-1B petition is approved, you will receive Form I-797 (Notice of Action). This serves as proof of your H-1B status.

FAQs on Day 1 CPT

Can I do Full-time employment with Day 1 CPT?

Yes, but there could be complications. Working more than 20 hours per week while school is in session is considered full-time work and it could potentially affect your eligibility for Optional Practical Training (OPT) after graduation. Working part-time (fewer than 20 hours per week) typically does not have the same consequences on later OPT approval.

What if the university denies the Day 1 CPT application?

Ask your Designated School Official (DSO) for specific reasons why your application was denied. This can help you address any issues or misunderstandings and potentially reapply or adjust your plans.

If working immediately is crucial, you might need to consider adjusting your academic or career plans. This could involve delaying your CPT start date, enrolling in a different program that aligns better with CPT opportunities, or even exploring universities with more flexible CPT policies.

Day 1 CPT visa Impact on other US visas

USCIS scrutinizes Day 1 CPT programs more closely due to concerns about compliance with immigration regulations.

Impact on OPT:

If you engage in full-time CPT (more than 20 hours per week) for 12 months or more, it can affect your eligibility for OPT after graduation. This is because the USCIS generally requires that students have been in valid F-1 status and have not used more than 12 months of full-time CPT to qualify for OPT. If you are only using part-time CPT (20 hours or fewer per week), it typically does not affect your OPT eligibility.

Impact on H-1B Visa:

If you are transitioning from F-1 status to H-1B status, and you have a CPT history, it generally doesn’t impact your H-1B application as long as you’ve maintained valid F-1 status and adhered to CPT regulations.

However, having extensive CPT experience, particularly full-time, could potentially raise questions about your intent to work or study in the U.S. during the H-1B petition process.

Impact on Green Card Applications:

Day 1 CPT, if done in compliance with F-1 regulations, should not directly impact your green card application process. However, consistent CPT use, especially if it seems to bypass standard academic progress requirements, could potentially be scrutinized during any immigration interviews or processes.

Impact on Visa History and Future Applications:

Consistently maintaining compliance with CPT rules helps in maintaining a clean immigration record, which is beneficial for future visa applications. If there are violations or discrepancies in CPT usage, they might be noted and could affect future visa or immigration applications.

Is work experience gained under Day 1 CPT valid?

Yes, work experience gained through Day 1 CPT is considered valid as long as it adheres to all CPT requirements, is related to your field of study, and is properly documented.

Can I hold Day 1 CPT and H-1B at the same time?

No, you cannot hold a F-1 visa and an H1-B visa status simultaneously as they are two different types of visas. Day 1 CPT is only available while you are in F-1 status and for as long as you are enrolled and compliant with F-1 regulations.