Under new guideline interpretations, many former international students have received denials for H-1B benefits from the United States Customs and Immigration Service (USCIS). According to some reports, F-1 students who have completed work in their field for more than 12 months while earning a degree and in the one-year period following graduation, may be ineligible for H-1B visa benefits. Unfortunately, many students at the end of their Optional Practical Training (OPT) have received denials for their applications to switch to an H-1B visa and must return to their home countries and seek H-1B benefits from their local consulate.
Curricular Practical Training & Optional Practical Training
While studying in the United States, international students have two unique opportunities to gain practical working experience in a career relevant to their field of study. During their program of study, students may complete a for-credit work experience in a field relevant to their major. This program, known as Curricular Practical Training (CPT), allows students to work for up to 12 months while completing their degree. OPT is similar to CPT, but occurs after an F-1 has received their degree, and lasts up to 12 months unless the student receives an extension through STEM OPT. Some students complete both CPT and OPT experiences during their stay as an international student. Now, USCIS has determined that the total duration of work performed for practical training cannot exceed 12 months.
For years, students have been able to complete both CPT and OPT with no issues. However, under new practice, students with more than 12 months working experience due to CPT and OPT will be interpreted as having failed to maintain valid F-1 status, and therefore ineligible to switch from an F-1 to an H-1B visa. According to reports, students are continuing to receive approval for OPT spanning for 12 months, regardless if they have completed CPT during their program of study. Therefore, USCIS sets many international students up for denial from H-1B benefits and potential bars for additional visas. Although USCIS does not deny students from completing a period of practical training longer than 12 months, the accumulation of CPT and OPT work experience longer than 12 months will cause students to violate their F-1 status.
We strongly recommend F-1 students to be proactive about their maintenance of status by seeking legal advice in case they do not fully comprehend the law. It may not be enough for them to rely on the DSO’s advice or the USCIS’ approval of OPT following the CPT.