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发帖数: 6601 | 1 【 以下文字转载自 JobHunting 讨论区 】
发信人: cccpwx (暱稱太短), 信区: JobHunting
标 题: CPT Game Over
发信站: BBS 未名空间站 (Thu Mar 15 12:29:30 2018, 美东)
http://immigrationgirl.com/new-interpretation-of-cpt-curricular-practical-training-for-f-1-students/
New Interpretation of CPT – Curricular Practical Training – for F-1
Students
By ImmigrationGirl March 15, 2018 F-1 Students No Comment
Continuing Studies for a Second Degree at the Same Level
An unfortunate byproduct of the H-1B cap and current lottery system is that
many international students who have graduated from U.S. universities and
have job offers from U.S. companies end up not being selected for H-1B visas
. What’s worse, more and more students are not selected year after year and
ultimately run out of Optional Practical Training (OPT) time, even with a
24-month STEM extension.
Students in this situation must choose to leave the U.S., change to some
other status if eligible, or continue their studies and buy time until they
can try again the following year. Some students decide to return to school
to complete a second degree at the same level of study. For example, a
student graduated with a master’s degree in computer science, completed the
initial one-year of OPT, completed two-years of STEM extension, and returns
to school to complete a master’s degree in business administration.
Some schools lure students in to these second degree programs by offering
them another way to work: CPT or Curricular Practical Training. CPT is
similar to OPT, except that it is done during the program of study, whereas
OPT is normally done after the program of study is complete. For schools
that authorize CPT, the student can continue working while in school and try
again in the H-1B lottery the following year.
These CPT programs have already been scrutinized in the past because, in
general, CPT cannnot be authorized during the first year of study. There are
exceptions and some schools have used this exception to authorize students
to work even during the first year of study (“Exceptions to the one
academic year requirement are provided for students enrolled in graduate
studies that require immediate participation in curricular practical
training”).
But now, a new interpretation of the regulations by USCIS suggests that CPT
cannot authorized AT ALL if the student is at the same degree level. This is
based on an existing regulation which states:
“A student may be authorized 12 months of practical training, and becomes
eligible for another 12 months of practical training when he or she changes
to a higher educational level.” 8 CFR 214.2(f)(10).
This has historically been interpreted only to apply to OPT, not CPT.
However, the regulation itself just refers to “practical training” and
does not specify which types of practical training it applies to. We are now
seeing H-1B petitions where the change of status from F-1 to H-1B is being
denied on the grounds that the student participated in practical training
for a period longer than allowed by regulation. The H-1B petition itself may
still be approved, but when the change of status portion is denied, it
means the petition is approved without a new I-94 card, the beneficiary must
leave the U.S., apply for an H-1B visa at a consulate, and if approved,
return to the U.S. to regain status and work pursuant to the H-1B approval.
Students must be aware of how unauthorized CPT can impact their future
immigration status and career. Even if a school authorizes CPT, it does not
guarantee that USCIS will agree that it was authorized. Using the F-1 visa
program as a bridge between H-1B lotteries may not be the best option for
your long-term goals. |
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