Is Day 1 CPT Still A Problem?

Having previously written two articles on Day 1 CPT (Curricular Practical Training) I keep being asked whether I would recommend Day 1 CPT and what are the potential consequences of taking it. If you haven’t read my previous articles, please find the links below: https://patel-law-group.local/why-day-1-cpt-is-not-a-good-idea-and-can-cause-more-problems-than-it-solves/ https://patel-law-group.local/day-1-cpt-revisited/ Please note that the first article was written during...

On April 12, 2021 USCIS announced that F-1 students can file OPT and STEM OPT applications online using form I-765. This applies to the following applications: Pre-completion OPT; Post completion OPT; and 24- month extension of OPT known as STEM OPT. USCIS has also warned that anyone else that attempts to file I-765 online that...

2 years ago I wrote an article on the problems of taking Day 1 CPT and thought it was time to revisit this issue. Click here to see my previous article. At the time of writing my previous article, USCIS was taking a very firm stand on Day 1 CPT cases.  In fact, students applying...

The length of time for adjudication of petitions through USCIS continues to increase despite a new administration and new leadership of USCIS in the form of Alejandro Mayorkas. On March 22, 2021 the American Immigration Lawyer’s Association (AILA) filed a class-action lawsuit against the Department of Homeland Security (DHS), specifically in relation to the long...

COVID-19 has taken its toll on the labor market, resulting in millions of people losing their job.  Unfortunately for those on a nonimmigrant visa such as an H-1B, the clock starts ticking on their last day of work.  H-1B holders generally have 60 days or until the end of their authorized stay, whichever is shorter,...

On Monday, July 6, 2020 SEVP (Student and Exchange Visitor Program (a division of ICE) announced that students taking a full online course load in the fall semester are not allowed to remain in the US. This new rule was a departure from a previous exemption announced in March 2020, allowing students to study online...

There are a number of potential employment options for International students on an F-1 student visa to gain work experience that is directly related to their field of study. On-campus employment On-campus employment is permitted once classes have started provided it is on the school’s premises or at an off-campus location that is educationally affiliated...

Filing for H-1B change of status while working as F-1 student under Curricular Practical Training (CPT) The regulations allow international student visa holders (F-1 students) to participate in practical training and accept employment while still under F-1 status if the F-1 students have been lawfully enrolled on a full-time basis in a qualified educational institution...