Evaluating Experiential Learning for CPT Requirements
To accommodate all students regardless of their citizenship or immigration status, academic programs may wish to develop curriculum that requires experiential learning of all students so that no immigration authorization is needed. Likewise, we encourage faculty and staff developing academic programs to define experiential learning in academic terms, rather than as 鈥渙n campus鈥 employment. This is because many non-F-1 students (H-1, H-4, L-1, etc.) cannot participate in 鈥渙n campus employment鈥 unless they have an unrestricted right to work. F-1 students who are doing 19 hours/week of on-campus employment are not eligible for simultaneous CPT.
Analysis: Is Immigration Employment Authorization Required?
In order to determine if an experiential learning activity requires immigration employment authorization, we review three elements of the activity:
1. Supervision, Direction and Evaluation
Supervision, direction and evaluation are hallmarks of an employment relationship. If the student will receive substantial supervision, direction, or evaluation from a company, CPT authorization may be required.
- Who develops the problem and/or defines the scope of the project that the students will solve?
- Who will provide supervision and oversight of the day to day activity?
- Who will provide direction or instructions about the activity?
- Who will provide the tools and technologies needed to perform the activity?
- To whom will the student report progress or go to with questions?
- Who will evaluate the student鈥檚 progress or product?
- How does the evaluation of the end product relate to the evaluation of whether the student has achieved the learning objective?
- If the company will contribute to the evaluation, to what degree will the company鈥檚 evaluation determine the student鈥檚 grade?
- Will the students have supervision when they are at the company location?
2. Location
The location of activity is relevant to an immigration analysis and contributes to the assessment of whether the activity is purely curricular or whether the off-campus engagement is substantial enough to require immigration employment authorization. Additionally, if immigration employment authorization is needed, the primary location of the activity is also one component needed to determine what kind of authorization is appropriate for F-1 students.
- Where will the primary activity be performed?
- How many hours during the term will be spent in class?
- How many hours during the term will be spent engaged in research or group work outside of class and not at the company鈥檚 location?
- How many hours during the term will be spent at the company鈥檚 location?
- What activities will take place at the company鈥檚 location?
- Observation, reflection, shadowing, informational interviews
- Gathering data or requirements, giving presentations
- Using the company鈥檚 tools or technologies
- Development or implementation of project, solution, tools, or technologies (productive activity)
3. Remuneration
If the student will be paid, either by the company or by the university, immigration employment authorization will always be required and a determination of whether the employment meets the eligibility criteria for CPT or on-campus employment must be made. If the student will not be paid but the university will be paid, the general counsel's office and sponsored projects should be consulted.
- 鈥 Will the student be compensated for the activity? o How will the student be paid?
- What entity will pay the student?
- Will the university be paid for the activity?
- Who will 鈥渙wn鈥 the intellectual product?
Example of Experiential Learning which does not require CPT authorization
1. Supervision, Direction, and Evaluation
Supervision, Direction, and Evaluation is performed by SA国际传媒 faculty member.
- SA国际传媒 faculty develop the problem and define the scope of the project. Faculty may consult with company in developing problem and defining scope. Faculty presents project to students.
- SA国际传媒 faculty provides supervision and oversight of the day to day activities.
- SA国际传媒 faculty provides direction or instructions about the activity.
- Tools and technologies needed to perform the activity are provided either by SA国际传媒 or by student.
- The student reports progress to assigned SA国际传媒 faculty member.
- Student questions about the project are addressed by SA国际传媒 faculty.
- SA国际传媒 faculty is responsible for evaluation of student鈥檚 progress and final product.
2. Location
- Primary activity will be performed at SA国际传媒 or within group work which is not at company site.
- Minimal time will be spent at company site.
- Activities at the company鈥檚 location are limited to:
- Observation, reflection, shadowing, informational interviews
- Team site visit to gather data or requirements at the start of the project
- Team site visit to give presentation at the conclusion of the project
3. Remuneration
- Student receives no compensation from the company, including but not limited to salary, hourly wage, stipend, gifts, paid lunches, and entitlement to a job at the conclusion of project.
- If student receives remuneration from SA国际传媒, this may require alternate immigration work authorization (on-campus employment for F-1 students).
Activities that may require CPT authorization
1. Supervision, Direction and Evaluation
If the student will receive substantial supervision, direction, or evaluation from a company, CPT authorization may be required.
2. Location
If the primary location is on-site at a company, CPT authorization may be required. If the student engages in activities that could be considered productive work, CPT authorization is required.
3. Remuneration
If the student will be receive any type of remuneration from a company CPT will always be required