Rajiv's Comments in Financial Express - Indian students on CPT now at risk of losing status over school’s mistake – Attorney explains SEVP crackdown

Published by Financial Express - August 20, 2026
https://www.financialexpress.com/immigration/indian-students-on-cpt-now…

Quotes and Excerpts from Rajiv in the article:
On paper, the SEVP message does not change the existing CPT rules, said immigration attorney Rajiv S. Khanna of Immigration.com, speaking to Financial Express.

“The document itself settles this,” Khanna said, pointing to the standard SEVP disclaimer, which says the broadcast “is not itself a rule or a final action” and cannot be used to create an enforceable right or benefit.

According to Khanna, the existing regulation that defines CPT and allows Day 1 CPT for certain graduate programmes has not changed.

The Department of Homeland Security (DHS) cannot simply change those rules through a broadcast message, he said. Any major change would require formal rulemaking, similar to the process used for the new duration-of-status rule that takes effect on September 15.

But Khanna said students should not assume that the message is harmless just because it is not a new rule. “What makes this more than paperwork is the tone,” he said.

SEVP’s warning about increasing violations, its reminder that DSOs certify CPT approvals under penalty of perjury, and its public fraud tip line all point to a much tougher approach.

Khanna described it as “a compliance reminder with real teeth”.

In other words, the rules may not have changed on paper, but colleges could become much more careful about approving CPT applications.

Why Indian students could face more pressure 
The concern for Indian students is not accidental, Khanna said.

Indian nationals make up one of the biggest groups of F-1 students in the US. Many depend on the work-authorisation route of CPT, Optional Practical Training (OPT) and the STEM OPT extension to gain work experience and eventually try to move into the H-1B system.

That makes Indian students particularly exposed to any tougher scrutiny of practical training. However, Khanna said not every form of CPT is being treated the same way. There is a difference between CPT that is clearly part of a university’s academic programme and the “elective course-credit model.”

In the first model, practical training is already built into the curriculum. For example, a graduate programme may have an established internship or practical-training requirement that allows a student to take up a job from the beginning of the course.

In the second model, a student first gets a job and then seeks college approval and enrols in a course that gives academic credit for that work.

It is this second approach that SEVP’s message appears to be targeting.

Khanna said this model has become common at some US institutions that cater heavily to international students, including Indian graduate students.

“Students maintaining status can generally start that transfer during the process, but any student on OPT or CPT loses that work authorization the moment the SEVIS transfer takes effect, since work authorization is tied to the school that granted it.”

Students who fail to complete the transfer within the required period can fall out of status. The alternative is to seek reinstatement, but that is a discretionary process and there is no guarantee that it will be approved.

“Certification loss is a bureaucratic action for the institution,” Khanna said, “and an immediate, personal immigration emergency for every international student on its rolls.”

“Certification loss is a bureaucratic action for the institution,” Khanna said, “and an immediate, personal immigration emergency for every international student on its rolls.”

According to Khanna, his office has seen more Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in OPT-related cases which they believe is part of USCIS using AI-based review tools more extensively.

At the same time, the H-1B system is also changing. Starting with FY2027, the US is moving from the traditional random H-1B lottery to a wage-weighted selection system.

Another major change is also coming on September 15, when the DHS rule ending “duration of status” for F, J and I visa holders takes effect.

The change means F-1 students will, for the first time, have a fixed expiry date on their I-94 rather than automatically remaining in status for the duration of their approved academic programme.

Immigration.com