INS Clarifies F-1 Student Practical Training Issue
Posted Mar 07, 2003

In a letter dated November 22, 2002, but released in February 2003, the INS clarified the meaning of a regulation pertaining to the interplay of curricular practical training (CPT) and optional practical training (OPT) for F-1 students.

CPT is defined as work / study, internship, cooperative education, or required internship or practicum that is an integral part of an established curriculum. OPT, generally, is a 12-month period following graduation which enables the F-1 student to obtain permission to work in an area directly related to the field of study and commensurate with the level of education. It is also available when school is not in session and on a part-time basis during school. The applicable regulation states that, if a student has received a year or more of full-time CPT, s/he then is ineligible for post-completion practical training.

In order to determine whether use of CPT on a part-time basis reduces or eliminates eligibility for OPT, the query was put to the, then, INS, for a definition of "full-time" training. Efren Hernandez, III, Director, Business and Trade Branch, INS, clarified the INS' interpretation of the regulation. According to Mr. Hernandez, part-time practical training is defined as 20 hours per week or less. Full time is any work over 20 hours per week. Thus, a person has completed a year of full-time CPT if s/he works 20 or more hours per week for a year. In that event, s/he will not be eligible for OPT. In keeping with this interpretation, a person who works 20 hours or fewer for a period of two years in CPT will be prevented from obtaining any OPT.

Thus, individuals utilizing CPT should be mindful that they may be using up their eligibility for OPT at a faster rate than they may have previously thought. A person working 21 hours per week, which is part time in ordinary usage, is regarded as working full time for purposes of practical training limitations. Similarly, a person working only a few hours per week for two years on CPT, will lose his or her opportunity to work full time for one year on OPT. It is important to understand how much OPT time is left in a case in which the employer may wish to file an H1B for the F visa holder so that it may be filed in a timely manner.