Consequences of Abusing the the Curriculum Practical Training (CPT) by students on the student visa.

What is a CPT?

The CPT – Curriculum Practical Training program as its name suggest is a program offered by the USCIS allowing students on student visa to work as long as the work is an integral part of an established curriculum.

CPT is defined as “alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school.” Thus, CPT for F-1 students is intended to provide work experience in the U.S. in situations where the work serves as an integral part of a student’s academic program and an established curriculum, prior to completion of that program.”

CPT was created to give practical training to students coming to the United States on a student visa. The purpose is not actually to give a work permit to the students to be able to support themselves in the process. As such the CPT has many rules which need to be followed in order no affect your ability to obtain any further benefits in the United States, such as the OPT work permit or even an H1B visa.

Someone is usually eligible for CPT:

– The student must have been lawfully enrolled on a full-time basis for one academic year before being eligible for CPT. However, there is an an exception for graduate students whose programs require immediate participation in an internship, a practicum, or other employment.
– The student has to be on F-1 status and before the completion of the student’s program.
– F1 holders enrolled in only English school are not eligible for CPT
– A gap in study or a status violation, might require recalculation of the time for the CPT.

The Problem with Abusing the CPT:

As mentioned earlier, the CPT was not designed to offer employment for students to “make a living”. However, many schools have been encouraging students to take a CPT at the beginning of their curriculum ultimately causing issues for the students. Although many people have been ‘spared’ in the past, lately we have seen an increase in RFEs (Request for Evidence), NOID (Notice of Intent to Deny) OPTs and even H1B applications based on CPT abuses. Even after years, USCIS is coming back and re-visiting such cases causing major problems for students who used CPT.

A special note for H4 Visa Holders.

While the H4 is a very distressing visa not allowing spouses to work, shifting to a student visa for a CPT just to work is not a recommended option. Note that as from May 26, 2015 some H4 are able to apply for the work authorization. We urge caution to all those contemplating this route.

As such we are encouraging students to talk to an attorney before securing a CPT because it might actually cause more harm than good. You can reach us at 510 742 5887 for any questions.