Can Day 1 CPT Affect Your Future Green Card Application?

Are you considering enrolling in Day 1 CPT courses? Curricular Practical Training (CPT) provides eligible F-1 students with an opportunity to participate in employment training and paid work experience off campus, provided that it’s directly related to their major field of study and is an integral component of their academic curriculum. 

Generally, eligible students can start CPT after one full year of academic study. That means being lawfully enrolled full-time for two consecutive semesters. But Day 1 CPT eliminates this waiting period. Instead of having to finish a full academic year, F-1 students can use CPT from the first day (or day 1) of their educational program in the US. 

Although Day 1 CPT is a compelling option for many international students, especially those who are unsuccessful in the H-1B lottery, it has unique requirements and associated risks that you should be aware of before enrolling. Here, we’ll explore how Day 1 CPT works and what its potential implications are for green card processing.

Overview of Day 1 CPT and How It Works

Day 1 CPT provides an immediate work permit authorizing F-1 students to secure legal employment off campus as a component of the academic program. Generally, completing at least one academic year is necessary to qualify for CPT. 

But under Section 214.2(f)(10) of Title 8 of the Code of US Federal Regulations, graduate students whose programs require immediate participation in CPT are exempted from the one-year academic requirement. This means they can start CPT from the day of enrollment or without waiting to complete a full academic year. 

The United States Citizenship and Immigration Services (USCIS) doesn’t directly authorize CPT. Instead, it’s the school and the corresponding Designated School Official (DSO) that grants CPT authorization. 

Once the DSO approves the CPT application, the school must update the individual’s Student and Exchange Visitor Information System (SEVIS) record. Likewise, they must issue an updated Certificate of Eligibility for Nonimmigrant Student Status, which will indicate the authorization for CPT.

Undergraduate programs rarely qualify for Day 1 CPT. That’s because they’re generally subject to more stringent CPT eligibility requirements, including a full academic year’s completion. For this reason, Day 1 CPT is primarily available to graduate-level students who need to participate immediately in internships or practical training. 

How Using Day 1 CPT Can Affect Green Card Processing

Although certain schools authorize Day 1 CPT, you must remain wary and informed of its potential implications for green card processing. It should not directly affect your eligibility and approval for future visa or immigration applications when in full compliance with F-1 regulations. 

Suppose there’s any violation or discrepancy in using CPT, such as failing to comply with the full-time requirements, working over authorized hours, or participating in employment not connected to your academic program. Below are some long-term risks you must consider, particularly concerning your ability to live and work in the US. 

  • Violating the requirements of F-1 status that will consequently terminate the SEVIS record
  • Accumulating unlawful presence that will carry severe repercussions, such as a 3-year or 10-year US reentry ban
  • Facing increased scrutiny from USCIS and additional Requests for Evidence (RFEs) to confirm F-1 status maintenance, which can result in denials or the need to go through consular processing if there are existing travel bans or other restrictions

These potential risks outweigh the immediate advantages of continued employment. A credible immigration lawyer is  crucial to assessing your options and protecting your lawful immigration status. Equally essential is documenting all academic and employment activities to demonstrate compliance with F-1 regulations

Know Other Viable Pathways With ALG Lawyers

Pursuing Day 1 CPT provides international students with numerous immediate work opportunities. Still, it’s essential to proceed with legal guidance from a trustworthy Los Angeles immigration lawyer to ensure a successful transition and compliance with immigration laws. 

Our team at ALG Lawyers is well-equipped to assist you in securing your green card and establishing residency in the US. We can evaluate your circumstances and guide you through viable pathways that are most suitable for your case. Start a consultation today to discuss your immigration concerns. 

FAQs on Can Day 1 CPT Affect Your Future Green Card Application

Day 1 CPT universities offer programs that permit you to utilize CPT from day one of your academic study. The school you choose can impact not only the degree you earn but also your CPT options. Below are several factors all prospective students must consider. 

  • A highly accessible location with the convenience of transportation 
  • A proven track record with national/regional accreditations
  • The frequency of on-site classes required and whether CPT is an alternative without attending in-person classes

You can start full-time work right away on the first day of your academic program if your Day 1 CPT authorization permits. Working over 20 hours per week falls under the classification of full-time CPT. Full-time work is only permissible when you satisfy the necessary conditions. 

Traveling on Day 1 CPT is possible. However, it’s not highly advisable as it can disrupt CPT obligations and complicate preserving your F-1 status. Suppose international traveling is necessary and unavoidable. You must ensure all documentation is in order and the academic program you enrolled in complies fully with F-1 visa requirements to avoid issues with your immigration status. 

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)