December 16, 2024
 
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Day 1 CPT: Benefits, Risks, and Alternatives for International Students

Discover everything about Day 1 CPT, a unique work authorization for F-1 students in the U.S., allowing employment from the start of an academic program. Learn eligibility, benefits, risks, and alternatives like cap-exempt H-1B pathways to enhance your career and immigration goals.

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What is Day 1 CPT?

Day 1 Curricular Practical Training (CPT) is a unique work authorization for F-1 international students in the United States, allowing them to start working in positions related to their field of study from the very first day of their academic program. Unlike traditional CPT, which often requires students to wait until their second semester, Day 1 CPT allows students to start working from the beginning of their academic program. This option is available in select U.S. graduate programs, often in fields like business or technology, where hands-on experience is especially valuable. 

Day 1 CPT is ideal for students seeking to enrich their studies with relevant work experience and can be a significant advantage for those balancing academics with career goals. While most commonly offered in flexible programs, such as MBAs or tech-focused degrees, Day 1 CPT has specific requirements and risks that students should understand fully before enrolling.

Who Benefits from Day 1 CPT?

Day 1 CPT can be especially helpful for:

  • Students who missed the H-1B lottery: With Day 1 CPT, students can remain employed while seeking another pathway for long-term work in the U.S.
  • Individuals with denied or expiring work authorizations: Those facing challenges with OPT, H-1B status, or other visa issues may use Day 1 CPT to maintain legal status while gaining practical experience.
  • Professionals looking to study and work: Students, especially in IT or business, who want to simultaneously study and gain U.S. work experience often find Day 1 CPT programs appealing​.

Eligibility and Requirements for Day 1 CPT

To qualify for Day 1 CPT, a student must:

  1. Hold a valid F-1 visa and be enrolled full-time in a program that integrates CPT as a core part of its curriculum. 
  2. Secure a job offer related to their major, as the work must fulfill an academic requirement.
  3. Obtain CPT authorization from the Designated School Official (DSO) who will issue a CPT-authorized I-20 form. 
  4. Adhere to program-specific guidelines—most Day 1 CPT programs have a hybrid model, requiring occasional in-person attendance to maintain compliance.

How Day 1 CPT Differs from Regular CPT and OPT

Aspect Day 1 CPT Regular CPT OPT
Eligibility Available from first semester Requires completion of one academic year Available after graduation
Relation to Study Must be directly related to study program Must relate to the field of study Can work in any job related to major
Hours Part-time or full-time Part-time or full-time Full-time
Impact on OPT Full-time CPT for over 12 months eliminates OPT eligibility Full-time CPT for 12+ months affects OPT OPT does not affect CPT eligibility

How to Choose a Day 1 CPT Program

Selecting a reputable Day 1 CPT program is crucial to avoid complications. Here are key factors to consider:

  • Accreditation: Choose a university with strong regional or national accreditation to ensure program legitimacy.
  • Compliance with F-1 Regulations: Confirm that the program adheres to all USCIS guidelines regarding CPT, including required physical attendance and legitimate academic integration of CPT.
  • Supportive DSO and Legal Guidance: Look for institutions with a well-resourced international student office. Some universities partner with experienced immigration attorneys to help students navigate Day 1 CPT complexities​.

Advantages of Day 1 CPT

  1. Immediate Industry Experience: Unlike standard CPT, which requires waiting until later in the program, Day 1 CPT allows students to start gaining industry experience immediately. 
  2. Financial Support: Working in the U.S. from Day 1 can help international students support their studies and living expenses while developing a professional network​.
  3. Flexible Study Options: Many Day 1 CPT programs offer hybrid formats, with both online and in-person components.
  4. Pathway to H-1B Sponsorship: With Day 1 CPT, students may be better positioned to transition into H-1B roles due to relevant U.S. work experience accumulated during their studies​.

Risks of Day 1 CPT

While Day 1 CPT provides a valuable route for international students to gain U.S. work experience alongside their studies, it comes with notable risks that lead many immigration lawyers to advise against it as a long-term visa strategy. Below are some of the primary risks associated with Day 1 CPT and reasons why immigration lawyers approach it with caution.

1. Potential Ineligibility for OPT

One of the most significant risks of Day 1 CPT is its impact on a student's eligibility for Optional Practical Training (OPT), a crucial work authorization for F-1 students post-graduation. If a student engages in full-time CPT (more than 20 hours per week) for 12 months or more, they become ineligible for OPT at that degree level. This restriction can severely limit career opportunities after graduation, especially for those who intend to stay in the U.S. on a work visa or transition to an H-1B visa​.

2. Heightened Scrutiny During H-1B Visa Applications

USCIS sometimes views Day 1 CPT programs with skepticism, as they deviate from the traditional expectation that F-1 students focus primarily on academics. Since Day 1 CPT allows students to begin working immediately upon enrollment, some officials question whether these programs are academically motivated or simply a means to facilitate employment. This perception can lead to Requests for Evidence (RFEs) or outright denials when students later apply for H-1B visas.

During an H-1B application, USCIS may request detailed documentation proving that the CPT was integral to the academic program and compliant with F-1 visa regulations. If students fail to provide sufficient proof that their work was both relevant to their studies and appropriately authorized, they risk H-1B denial​.

3. Credibility of Day 1 CPT Programs

Not all universities that offer Day 1 CPT are accredited or operate with a robust academic curriculum. Some institutions focus primarily on providing work authorization rather than delivering a high-quality education, and these schools are more likely to face scrutiny or even closure if found non-compliant with federal regulations. Enrolling in a disreputable Day 1 CPT program can damage a student’s long-term immigration prospects and might even lead to issues with visa renewals or changes​.

4. Risk of Visa Status Violation

Maintaining F-1 status requires that students meet the minimum academic requirements of their degree program and demonstrate continuous progress. Day 1 CPT programs, especially those with hybrid formats, often require students to attend in-person classes infrequently (such as weekends). If students fail to adhere strictly to attendance policies, it can be interpreted as a violation of F-1 visa requirements. Such violations can jeopardize not only F-1 status but also eligibility for future visas and green cards​.

5. Increased Risk of Denial or Delays in Visa Renewal

F-1 visa holders who use Day 1 CPT may face heightened scrutiny or delays when renewing their visas or changing their status, especially if USCIS or consular officials suspect that the CPT was used primarily for work rather than academic enrichment. If a student needs to travel internationally and re-enter the U.S., there is a risk that consular officers may deny re-entry, believing that the student’s primary purpose in the U.S. is employment rather than education​.

6. Impact on Change of Status from F-1 to H-1B

Immigration lawyers highlight that F-1 to H-1B changes of status may be denied more frequently when Day 1 CPT is involved. USCIS may question whether students genuinely maintained their F-1 status while engaged in CPT from the start of their program. In some cases, this can lead to denials that require students to leave the U.S. and apply for an H-1B visa through consular processing, which can be both costly and time-consuming​.

Why Immigration Lawyers Are Cautious About Recommending Day 1 CPT

Given the regulatory complexities surrounding Day 1 CPT, most immigration lawyers advise clients to consider alternatives like OPT, STEM OPT extensions, or other employment-based visas whenever possible. Lawyers are concerned about:

  • Inconsistent USCIS Enforcement: Policies around Day 1 CPT are not always applied uniformly, which means a student's experience with Day 1 CPT could vary widely. The same CPT usage may be accepted in one application but flagged in another.
  • Future Immigration Goals: For students with long-term goals of remaining in the U.S., such as through H-1B visas or permanent residency, any issues with F-1 compliance could hinder these plans. Lawyers often prioritize strategies that minimize risk over time, particularly since any questions of non-compliance could complicate future applications.
  • Availability of Alternative Programs: Many lawyers recommend pathways that align more seamlessly with U.S. immigration policies, such as traditional CPT, OPT, or cap-exempt H-1B programs like The Build Fellowship, which offer stability and lower risk.

Alternatives to Day 1 CPT for International Students

While Day 1 CPT remains a popular solution among foreign nationals, other pathways, such as the concurrent cap-exempt H-1B pathway can be a viable option that mitigates some of the common risks associated with Day 1 CPT.

Comparison of Day 1 CPT vs. Concurrent Cap-exempt H-1B Pathway

Aspect Day 1 CPT Concurrent Cap-exempt H-1B
Path to Green Card Not a dual-intent visa, remain in 'non-immigrant', student status. Must prove intent to return to your home country, and higher chance of RFEs. Dual-intent visa. Converts you to 'immigrant' status & streamlines your path to a green card. Less chance of RFEs.
Travel in/out of country Travel is very risky on CPT; chance of getting stopped at port of entry. Inability to travel if a green card is being processed. Ability to freely travel in/out of the country with minimal risk, even if a green card is being processed.
Scrutiny by USCIS Highly scrutinized by USCIS - a return to CPT from OPT is historically seen as an abuse of the F1 visa. There are historical cases of fraud & deportation. Fully compliant, unlikely to be scrutinized since it is an authentic work visa that is not heavily tied to academic programs.
Risks If Day 1 CPT school loses accreditation in the future, green card eligibility may be permanently jeopardized. High risk of being questioned by USCIS about employment intentions as a student. Must maintain first cap-exempt H-1B employment for concurrent H-1B to be valid. Challenging to find an employer to sponsor cap-exempt H-1B on just part-time work.

For foreign nationals looking for an alternative to Day 1 CPT, The Build Fellowship provides a concurrent cap-exempt H-1B solution with a 99% visa approval rate. Our fellowship provides a cap-exempt H-1B solution by partnering with universities, allowing fellows to lead industry projects with students part-time while working full-time in their professional roles. This cap-exempt path removes reliance on CPT and provides a stable way to continue working in the U.S. without navigating the risks associated with Day 1 CPT or the H-1B lottery. Learn more about our Build Fellowship program to explore how this alternative can support your career and immigration journey.

Final Considerations for Day 1 CPT Students

While Day 1 CPT offers a valuable opportunity for work-study integration, students should weigh both the benefits and risks to determine if it aligns with their career goals. For those who may face challenges with the H-1B lottery or wish to add to their U.S. work experience without delay, Day 1 CPT may provide an advantageous pathway. However, due diligence in selecting a program, understanding compliance requirements, and consulting with immigration experts is essential for a successful experience.

For an alternative, the Build Fellowship provides a concurrent cap-exempt H-1B solution, offering a stable, supportive route to continue professional careers in the U.S. without many of the risks associated with Day 1 CPT. 

FAQ on Day 1 CPT

Is Day 1 CPT legal?
Yes, Day 1 CPT is legal as long as students are enrolled in an accredited program and comply with all academic and employment requirements.

Can I work full-time on Day 1 CPT?
Yes, but if you work full-time (more than 20 hours a week) for over 12 months, you will not be eligible for OPT at the same academic level after graduation.

How does Day 1 CPT impact my H-1B eligibility?
Using CPT alone doesn’t disqualify you from H-1B, but excessive CPT usage may lead to more scrutiny in the form of RFEs, especially if documentation is lacking.

What’s the difference between CPT and OPT?
CPT allows for work tied to the curriculum while studying, whereas OPT is post-graduation work authorization in the student’s field of study.

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Neel Tevar
About the author

Neel Tevar is an Immigration Program Co-Director at The Build Fellowship where he helps manage and develop the organization's immigration processes while guiding Fellows through their immigration journey. Neel has over 14 years of experience in U.S. immigration, including as a paralegal at several large law firms, as an in-house immigration specialist, and ultimately as the manager of the U.S. immigration function at a large investment banking firm and financial company, where he led a team to direct immigration policy and processes for several thousand visa holder employees.

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