Curricular Practical Curricular Practical TrainingTraining

AgendaAgenda

CPT Regulations & GuidanceCPT Regulations & Guidance Who qualifies for CPTWho qualifies for CPT Creating an institutional policyCreating an institutional policy Scenarios & Emailed QuestionsScenarios & Emailed Questions Additional QuestionsAdditional Questions

What is Curricular Practical What is Curricular Practical Training (CPT)Training (CPT)

CPT is a type of employment CPT is a type of employment authorization that allows authorization that allows qualified F-1 students to gain qualified F-1 students to gain practical experience in their field practical experience in their field of study while making progress of study while making progress towards the completion of their towards the completion of their academic programacademic program

Code of Federal Regulations Code of Federal Regulations 8 CFR 8 CFR § 214.2(f)§ 214.2(f)214.2(f)(10)(i) 214.2(f)(10)(i) Curricular practical trainingCurricular practical training

An F-1 student may be authorized by the DSO to participate in a An F-1 student may be authorized by the DSO to participate in a curricular practical training program that is an curricular practical training program that is an integral part integral part of an established curriculum.of an established curriculum. Curricular practical training is Curricular practical training is defined to be alternative work/study, internship, cooperative defined to be alternative work/study, internship, cooperative education, or any other type of required internship or education, or any other type of required internship or practicum that is offered by sponsoring employers through practicum that is offered by sponsoring employers through cooperative agreements with the school. cooperative agreements with the school.

Students who have received one year or more of full time Students who have received one year or more of full time curricular practical training are ineligible for post-curricular practical training are ineligible for post-completion academic training.completion academic training.

Exceptions to the one academic year requirement are Exceptions to the one academic year requirement are provided for students enrolled in graduate studies that provided for students enrolled in graduate studies that require immediate participation in curricular practical require immediate participation in curricular practical training.training.

A request for authorization for curricular practical training must A request for authorization for curricular practical training must be made to the DSO. be made to the DSO. A student may begin curricular A student may begin curricular practical training only after receiving his or her Form I-20 practical training only after receiving his or her Form I-20 with the DSO endorsement.with the DSO endorsement.

Additional GuidanceAdditional Guidance

INS Memo CO 214.2F-C, 5/4/92 INS Memo CO 214.2F-C, 5/4/92 reported in Interpreter Releases, reported in Interpreter Releases, Vol. 69, No. 6, p.587Vol. 69, No. 6, p.587 ““When offered through course When offered through course

work, curricular training must be work, curricular training must be either for credit (in the case of an either for credit (in the case of an elective course) or required.”elective course) or required.”

Further GuidanceFurther Guidance

INS Memo CO 243.69-C, 1/22/92 INS Memo CO 243.69-C, 1/22/92 reported in Interpreter Releases, reported in Interpreter Releases, Vol. 69, No. 6, pp. 187-188Vol. 69, No. 6, pp. 187-188 ““The training program must be The training program must be

listed in the school’s course catalog listed in the school’s course catalog with the assigned number of credits with the assigned number of credits and the name of the faculty and the name of the faculty member teaching the course member teaching the course clearly indicated.”clearly indicated.”

““Integral Part of an Integral Part of an Established Curriculum”Established Curriculum” Degree requirement CPT – graduation Degree requirement CPT – graduation

requirement for all students in the degree requirement for all students in the degree program (may not carry units)program (may not carry units)

Co-op CPT – pre-existing relationship Co-op CPT – pre-existing relationship between school & employer, credit not between school & employer, credit not necessary, not required of all studentsnecessary, not required of all students

Course credit – a required or elective Course credit – a required or elective internship/practicum within a degree internship/practicum within a degree programprogram

Regulations:Regulations:Who Qualifies for CPT?Who Qualifies for CPT? An F-1 student with a job offer that is An F-1 student with a job offer that is

directly related to student’s field of directly related to student’s field of studystudy

F-1 student in status for at least 1 F-1 student in status for at least 1 academic year, excluding those at academic year, excluding those at language schoolslanguage schools From 214.2(f)(10)(i): “Exceptions to the From 214.2(f)(10)(i): “Exceptions to the

one academic year requirement are one academic year requirement are provided for students enrolled in provided for students enrolled in graduate studies that require immediate graduate studies that require immediate participation in curricular practical participation in curricular practical training.”training.”

Regulations:Regulations:Limits of CPTLimits of CPT

CPT is not available once a CPT is not available once a student completes the degreestudent completes the degree

12 months of full time CPT will 12 months of full time CPT will eliminate OPT at the same eliminate OPT at the same degree leveldegree level

Student must obtain CPT Student must obtain CPT authorization prior to start dateauthorization prior to start date

The Balancing Act – How to The Balancing Act – How to establish an institutional policyestablish an institutional policy

F-1 Regulations

Academic Necessity

Faculty Demand

s

Documentation

Professional

Enrichment

Campus policy on external

employment

Spirit of the law Institution

al Structure

What Institutional Policy Can What Institutional Policy Can DetermineDetermine Limits on Part Time/Full Time*Limits on Part Time/Full Time* Definition of “enrolled”*Definition of “enrolled”* Start/End Date – must they Start/End Date – must they

correspond with enrollment?*correspond with enrollment?* Minimum GPA (if any)Minimum GPA (if any) Legitimacy of work-credit relationshipLegitimacy of work-credit relationship Number of credits earnedNumber of credits earned Number of times a student can use Number of times a student can use

CPTCPT

Establishing PolicyEstablishing Policy

Consult with university legal counselConsult with university legal counsel Establish a policy and document itEstablish a policy and document it Apply it consistentlyApply it consistently Maintain application materials to Maintain application materials to

document a “good faith” effort: document a “good faith” effort: Academic Advisors recommendation Academic Advisors recommendation

letterletter Job offer letter (optional)Job offer letter (optional) Proof of course enrollment (optional)Proof of course enrollment (optional)

Make the Academic Advisor Make the Academic Advisor Work for You!Work for You! The academic advisor can attest to:The academic advisor can attest to:

Relevance of the work to the major and Relevance of the work to the major and to the levelto the level

Number of credits awarded for workNumber of credits awarded for work Whether the internship will count Whether the internship will count

towards a student’s degree program towards a student’s degree program Exceptions necessitated by academic Exceptions necessitated by academic

requirementsrequirements

CPT Recommendation: A CPT Recommendation: A Joint ProcessJoint Process The academic advisor within a The academic advisor within a

credit-granting unit evaluates the credit-granting unit evaluates the internship and determines whether it internship and determines whether it is “directly related to the student's is “directly related to the student's major area of study”major area of study”

International Student Adviser International Student Adviser recommends CPT in SEVIS based recommends CPT in SEVIS based on academic advisor’s on academic advisor’s recommendation.recommendation.

Application materials: Make it Application materials: Make it easy and accessibleeasy and accessible

Create a fillable form to collect Create a fillable form to collect all data, signature, & commentsall data, signature, & comments

Use a form letterUse a form letter Create a handout for distribution Create a handout for distribution

in officein office Put all materials online so Put all materials online so

students, faculty, advisors, and students, faculty, advisors, and employers can have accessemployers can have access

CPT questions submitted CPT questions submitted

via emailvia email

Scenario 1: QuestionScenario 1: Question

An undergraduate student An undergraduate student majoring in Liberal Arts wants to majoring in Liberal Arts wants to work in a paternity testing lab. work in a paternity testing lab. How does the DSO determine if How does the DSO determine if this work is applicable to the this work is applicable to the major and eligible for CPT?major and eligible for CPT?

Does the course need to Does the course need to correspond with the work?correspond with the work?

Scenario 1: From the Scenario 1: From the RegulationsRegulations

Has the academic advisor Has the academic advisor recommend this internship as an recommend this internship as an integral part of the degree integral part of the degree program?program?

Will the student use coop or Will the student use coop or course credit CPT?course credit CPT?

Scenario 1: From the Scenario 1: From the Institution Institution

Have you established a start Have you established a start date/end date policy for course date/end date policy for course credit and coop CPT?credit and coop CPT?

Does this employer & the Does this employer & the university have a coop university have a coop relationship?relationship?

Scenario 2: QuestionScenario 2: Question

Do the authorized number of Do the authorized number of hours/week need to correlate with hours/week need to correlate with the number of units offered? For the number of units offered? For example, you know that 1-unit example, you know that 1-unit internship class only requires 5 internship class only requires 5 hours of work per week but the hours of work per week but the employer letter indicates that the employer letter indicates that the student will work up to 20 hours per student will work up to 20 hours per week. week.

Should you approve this CPT Should you approve this CPT request?request?

Scenario 2: From the Scenario 2: From the RegulationsRegulations SEVIS offers two types of CPT SEVIS offers two types of CPT

recommendationsrecommendations Part Time: 20 hours or less per Part Time: 20 hours or less per

weekweek Full Time: More than 20 hours per Full Time: More than 20 hours per

weekweek Due to SEVIS functionality, you Due to SEVIS functionality, you

cannot restrict students any cannot restrict students any further in hours per week.further in hours per week.

Scenario 2: From the Scenario 2: From the InstitutionInstitution The institution can set a part The institution can set a part

time/full time policy based on time/full time policy based on semester vs. summer CPTsemester vs. summer CPT

As an institution, do you require As an institution, do you require or want to evaluate job offer or want to evaluate job offer letters? letters?

Job offer letters could be Job offer letters could be evaluated by the academic evaluated by the academic advisoradvisor

Scenario 3: QuestionScenario 3: Question

The DSO was not aware of the The DSO was not aware of the CPT request until after the start CPT request until after the start of a internship. Is it a problem of a internship. Is it a problem to enter the authorization in to enter the authorization in SEVIS after the term starts? SEVIS after the term starts? Functionally, SEVIS allows you Functionally, SEVIS allows you to put a past start date.to put a past start date.

Scenario 3: From the Scenario 3: From the RegulationsRegulations 214.2(f)(10)(i): A student may 214.2(f)(10)(i): A student may

begin curricular practical training begin curricular practical training only after receiving his or her only after receiving his or her Form I-20 with the DSO Form I-20 with the DSO endorsement.endorsement.

214.2(f)(10)(i)(B): The DSO must 214.2(f)(10)(i)(B): The DSO must sign, date, and return the SEVIS sign, date, and return the SEVIS Form I-20 to the student prior to the Form I-20 to the student prior to the student's commencement of student's commencement of employment.employment.

Scenario 3: From the Scenario 3: From the InstitutionInstitution Clearly indicate this rule – Clearly indicate this rule –

everywhere!everywhere! Remind students to factor in Remind students to factor in

document turn around timedocument turn around time Work done prior to CPT is Work done prior to CPT is

unauthorized employmentunauthorized employment If DSO error: contact SEVIS If DSO error: contact SEVIS

Help Desk or document in Help Desk or document in SEVIS RTI.SEVIS RTI.

CPT Frequency and DurationCPT Frequency and Duration

Students can be authorized for CPTStudents can be authorized for CPT For a 2For a 2ndnd degree at the same degree degree at the same degree

levellevel For a higher degree levelFor a higher degree level For a lower degree levelFor a lower degree level

CPT can be authorized FT or PT CPT can be authorized FT or PT according to the regsaccording to the regs

Reminder: 12 months of FT CPT at Reminder: 12 months of FT CPT at any one degree level will eliminate any one degree level will eliminate OPT at the OPT at the samesame level level

Does CPT period need to Does CPT period need to correspond with course?correspond with course? How will grade be assigned if How will grade be assigned if

internship takes place later?internship takes place later? Are there periods in the year where Are there periods in the year where

classes aren’t offered?classes aren’t offered? Example from BerkeleyExample from Berkeley

CPT must fall within dates of course CPT must fall within dates of course enrollmentenrollment

Extension into winter based on academic Extension into winter based on academic exceptions because no credit is available.exceptions because no credit is available.

CPT available throughout summer with CPT available throughout summer with enrollment in 1 summer session courseenrollment in 1 summer session course

Can students work on campus Can students work on campus and get CPT?and get CPT?

On Campus EmploymentOn Campus Employment Incidental to statusIncidental to status 20 hours/week during semester20 hours/week during semester 214.2(f)(9)(i)214.2(f)(9)(i)

Limits on campus employment Limits on campus employment do not impact CPT hours/weekdo not impact CPT hours/week 20hrs on campus & 20hrs CPT = OK20hrs on campus & 20hrs CPT = OK 20hrs on campus & 40hrs CPT = OK20hrs on campus & 40hrs CPT = OK

Unpaid Internship: Do I Need Unpaid Internship: Do I Need CPT?CPT?

To protect the student, he or she To protect the student, he or she should get CPT if there will be should get CPT if there will be any compensation in exchange any compensation in exchange for the work:for the work: PayPay FoodFood Other perksOther perks

Questions for the employerQuestions for the employer

Employer-intern relationship: Employer-intern relationship: consultant, direct hire, intern, consultant, direct hire, intern, etc.etc.

Social security/Medicare tax Social security/Medicare tax withholdingswithholdings

I-9 required? I-9 required?