For at least the past couple of months, U.S. Citizenship and Immigration Services has been denying H-1B visas to former international students who worked in their field more than 12 months while earning their degrees and in the year after they graduate.
And down the road, students who worked longer than 12 months may be deemed to have violated the terms of their student visas, and could be barred from returning to the U.S. for as many as 10 years.
Under Department of Homeland Security regulations, international students can work in two programs Curricular practical training (CPT), or work performed while in school, must be integral to the student’s major and is usually done for credit and Optional practical training (OPT) allows for up to 12 months of post-graduation work related to the student’s major.
Students for years have been able to work for up to 12 months on CPT and another 12 on OPT. Now, the USCIS says that total work performed under both practical training programs combined can’t exceed 12 months.
CPT generally doesn’t affect the 12 months allowed on OPT, if the CPT is part time, a USCIS spokesman told Bloomberg Law. But 12 or more months on CPT prevents someone from engaging in post-graduation OPT, he said.
Students who work on CPT and OPT for more than 12 months could start accruing unlawful presence at the moment they work more than that 12 months—but not know it until much later when their H-1B visas are denied.
Advice from Attorney Jing Amy Feng: don’t work more than 12 months under CPT and OPT. If you have done that, consult with a lawyer to evaluate the impact on your situation.