US higher education leaders are challenging recent changes to CPT regulations, as restrictions on internship and post-graduation work opportunities increasingly dampen America’s appeal as a study destination.
A coalition of sector bodies last week filed a lawsuit challenging two federal broadcast messages that plaintiffs say dramatically changed government rules on Curricular Practical Training (CPT), and prompted the cancellation of thousands of internships for international students.
The changes were announced by the Department of Homeland Security (DHS) in two communications on August 12 and August 24, warning that CPT – the program allowing international students to take internships and work placements during their studies – must only be granted where it is a degree requirement.
But plaintiffs are questioning the legality of the government’s actions and seeking to restore the previous framework which granted international students the opportunity to take internships in the US, arguing the country’s colleges have long attracted top global talent not just for their education and research, but also because of practical learning opportunities like CPT.
Alongside CPT, the administration has made several threats to Optional Practical Training (OPT), America’s post-graduation work program for F-1 students. This month, it proposed a $70,000 OPT charge on universities for every student put forward for the program, as experts warn of the damaging impact of policy threats on America’s appeal as a study destination.
“The American pitch to international students has always included work experience inside the degree. CPT is the first rung and the ‘old pitch’ no longer holds,” Boston College professor Chris Glass told The PIE News.
Glass explained that with approximately 130,000 students participating in the program in 2024, CPT is widely considered the first step for international students in the education-to-workforce ladder, many of whom go onto an OPT job, leading to an H-1B petition.
As such, stakeholders say prospective Indian master’s students in computing, data and business courses are likely to be most exposed to the recent changes.
The message is that the work leg of a US degree can no longer be planned around. That uncertainty is what sends students elsewhere.
Sanjay Laul, MSM Unify
While the regulations around CPT have themselves not changed, the government’s broadcast messages carried decertification threats and personal perjury liability for Designated School Officials (DSOs) who do not enforce the DHS’s new interpretation of the rules.
Following the communications, swathes of colleges promptly suspended internship and placement authorisations for international students – unless they are a degree requirement – with the plaintiffs arguing that the government’s actions were legally flawed.
“Changing how CPT is administered through broadcast messages, without formal rulemaking, is an aberration that must be challenged,” said Fanta Aw, CEO of NAFSA.
The organisation co-filed the suit against DHS, ICE and the Department of Justice (DoJ), with the Association of American Universities (AAU), Presidents’ Alliance on Higher Education and Immigration, and the Association of Independent Colleges and Universities in Massachusetts (AICUM).
They argued the government’s reinterpretation was announced abruptly without explanation, a period for public comment, or any acknowledgement that it departed from longstanding practices.
“Hands-on, experiential learning is a hallmark of a US education, and restricting access to it in this way is already disrupting opportunities for international students,” stated Aw.
“Driving away international student talent will have long-term consequences for US research, innovation, workforce development, and global competitiveness,” she said.
Experts predict that graduate STEM students from India and China – America’s top sending nations – will be hardest hit by the CPT changes, with institutions that recruit on work-integrated learning set to be most severely impacted.
According to MSM Unify founder Sanjay Laul, awareness of CPT is high among prospective Indian master’s students and their families, who view the program as a stepping stone to OPT.
“They ask whether their child can earn while studying and how fast US experience reaches the CV. CPT and OPT answered both, which made an expensive degree easier to justify,” he said: “OPT is the bigger draw, but CPT was the first rung: paid experience before graduation.”
Saul said that the new CPT warnings and the OPT fee proposals, coupled with the administration’s threats to duration of status, are having a considerable impact on Indian student interest.
“The message is that the work leg of a US degree can no longer be planned around. That uncertainty is what sends students elsewhere.”
As the largest sending country, India is the most exposed to the changes, though students from Nepal and Bangladesh – both fast-growing sources with similar funding profiles – will also feel the impact, Laul explained.
While stakeholders are clear on the long-term repercussions of the changes and the immediate disruptions for the thousands of students with internships suspended, they acknowledged existing issues surrounding CPT.
According to Glass, the field’s reluctance to acknowledge Day One CPT abuse has weakened its credibility, following revelations of schools recruiting and enrolling students to use CPT as a quasi-work visa.
Elsewhere in the sector, experts said that students and institutions who play by the rules were being hurt by the government’s overcorrection in regulating the program.
At the same time, Glass challenged the legitimacy of the administration’s broadcast messages and their decertification threats for DSOs. “A proposed rule with a public comment period and clear, prospective definitions is the legitimate path,” he said.
DHS did not respond to The PIE’s request for comment.
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