Day 1 CPT News: Which Schools Paused CPT, the AAU v. DHS Lawsuit and the November 6 Hearing

Five Harvard schools stopped authorizing CPT, MIT, Penn and Wellesley paused it, four higher-ed groups sued DHS, and a judge hears the case November 6. Where Day 1 CPT stands now.

Part of our guide to Day 1 CPT.

The day 1 CPT news in one paragraph: SEVP's two August 2026 broadcasts (BCM 2608-01 and BCM 2608-02) narrowed what counts as CPT and are in effect as guidance, and challenged in court. Five Harvard schools no longer authorize CPT, MIT, Penn and Wellesley have paused CPT applications (per The Harvard Crimson), and Boston University paused certain CPT approvals. Four higher-education groups sued DHS on October 5, and AAU v. DHS has a preliminary-injunction hearing on November 6, 2026 at 3:00 p.m. No court has ruled, so Day 1 CPT is neither "safe" nor "banned" today.

Status check (October 2026). In effect, challenged: SEVP broadcasts BCM 2608-01 (2026-08-12) and BCM 2608-02 (2026-08-24). Scheduled: responses to the injunction motion due 2026-10-19; hearing 2026-11-06. Proposed: the OPT fee rule, which does not cover CPT. Ruled on: nothing yet.

This is a news explainer, not legal advice. Your DSO decides CPT authorization; questions about what past CPT means for a future H-1B or green card go to a licensed immigration attorney. For the basics of how CPT works, see our CPT rules explainer.

Day 1 CPT news at a glance

What schools have paused CPT

The answer is still moving. Here is what has been reported as of October 2026, with the source for each line. Treat it as a snapshot, not a list of every school.

Two cautions about the Harvard CPT pause. First, the Crimson says the five schools "no longer authorize CPT." Claims that Harvard kept an exception for degree-required internships are not confirmed by Harvard's own policy, so do not plan around them. Second, a pause at one school says nothing about yours. The answer that counts is the one your own international office gives you in writing.

These are research universities and selective colleges, not schools that market Day 1 CPT. The broadcasts' warnings to schools and individual DSOs are the context for these pauses, covered in our breakdown of the SEVP DSO warning in BCM 2608-01.

What BCM 2608-01 and BCM 2608-02 actually say

The CPT regulation itself has not changed. What changed is SEVP's reading of it, published in two broadcast messages to schools.

BCM 2608-01 (August 12, 2026) says a DSO may authorize CPT only "if its absence would make the attainment of a degree an impossibility and if the work associated with CPT is required for all students pursuing that degree." It also warns of withdrawal of SEVP certification, penalties for institutions and individual DSOs, and scrutiny from Homeland Security Investigations.

BCM 2608-02 (August 24, 2026) is a Q&A that applies that standard. Elective-course CPT fails "integral and required"; the training must be done by "all students - foreign and American"; all CPT must be with employers that have cooperative agreements with the school; and SEVP launched a confidential tipline for DSOs who feel pressured. SEVP also says the message is not a rule or final agency action, which matters for the lawsuit.

For the regulation itself and where Day 1 CPT has always sat, read our honest answer on whether Day 1 CPT is legal.

Day 1 CPT new rules: what changed and what to check

There is no new regulation, but the guidance works like one while it stands, because DSOs are applying it. Practice before August 2026 varied by school, so the left column describes how some schools operated, not a uniform rule.

One background rule is unchanged: under the CPT regulation, a year or more of full-time CPT ends OPT eligibility, so ask your DSO how your CPT history is being counted.

The AAU v. DHS lawsuit, explained

Association of American Universities v. DHS, No. 1:26-cv-14520-JEK, was filed on October 5, 2026 in the US District Court for the District of Massachusetts. It is assigned to Judge Julia E. Kobick. The plaintiffs are the Association of American Universities (AAU), the Presidents' Alliance on Higher Education and Immigration, AICUM and NAFSA.

It is an Administrative Procedure Act (APA) challenge to both broadcasts, with a same-day motion for a preliminary injunction or stay: a request to stop the guidance operating while the case is decided.

• No ruling yet. The guidance remains in force. A lawsuit on its own does not pause anything.
• The same court has acted on F-1 rules before. On September 14, 2026, another judge in the District of Massachusetts postponed and enjoined the Duration-of-Status rule in Presidents' Alliance v. DHS. That rule is still blocked, and DHS's appeal does not revive it (see our D/S appeal tracker). That is a different case, a different judge and a formal rule rather than guidance, so it does not predict this outcome.

What happens before and after the November 6 hearing

1. October 5, 2026: complaint and motion for a preliminary injunction or stay filed.
2. October 19, 2026: responses to the motion are due.
3. November 6, 2026, 3:00 p.m.: hearing before Judge Kobick. Watch the docket, not social media.
4. After the hearing: the court may rule from the bench or in a later written order, and may grant relief, deny it, or grant it in part.
5. If relief is granted: schools still decide how fast to resume CPT, and the government could appeal.
6. If relief is denied: the guidance stays in force while the case continues.

Do not assume any of steps 4 to 6 in advance. Until a court order says otherwise, the guidance stays in effect; confirm any change with your DSO.

What this means if you are on Day 1 CPT right now

Your status. Your I-20 shows your CPT authorization, including the employer and dates. Work outside that authorization is unauthorized employment, so if your school ends or narrows your CPT, the authorization on your I-20 controls, not your offer letter. Ask your DSO for any change in writing. Questions to bring:

1. Is my current CPT authorization being reviewed or ended, and from what date?
2. Is my CPT course required for every student in my program, F-1 or not?
3. Does the school have a cooperative agreement with my employer?
4. If my CPT ends, what are my options while I stay enrolled?
5. How many months of full-time CPT have I used so far?

If you are weighing whether to leave a Day 1 CPT program, our Day 1 CPT transfer-out exit plan walks through how SEVIS transfers work and what to ask before you move. The decision is one for your DSO, plus an immigration attorney if your history is complicated.

Your job. If your school changes your authorization, tell your manager or HR early. When job-hunting, describe your work authorization accurately, never as more secure than your DSO has said. If CPT internships at your school are paused, see our guide to internships for F-1 students after the CPT pause for authorization routes that still apply.

Your future H-1B or green card. Past Day 1 CPT history can come up later in petitions and visa interviews. That is a question for a licensed immigration attorney, not a DSO and not a blog.

What this does not change

• OPT fees. The OPT fee proposal published October 8, 2026 is proposed, not in effect, and CPT is outside its scope (who would pay the proposed OPT fee).
• D/S and the F-1 grace period. The Duration-of-Status rule is still blocked, so D/S admission and the 60-day F-1 grace period still apply.

Common mistakes

• Treating a lawsuit as a pause. Filing a case does not suspend the guidance. Only a court order does, and there is none yet.
• Reading another school's policy as yours. Harvard's or MIT's decision does not bind your school, and silence from your school does not mean your CPT is fine.
• Relying on an unconfirmed exception. The "Harvard still allows degree-required internships" claim is not confirmed. Do not plan around it.
• Working past your authorization dates. If your DSO ends your CPT early, the updated I-20 controls. An employer's willingness to keep you on does not change that.
• Assuming "no decertifications" means "no risk." The search-based finding of no Day 1 CPT decertifications in September and October 2026 is not a promise about what comes next.
• Mixing up CPT and the OPT fee. The $70,000 / $30,000 figures in the news are a proposed OPT fee that schools would pay and could pass on to students or employers. They do not apply to CPT.
• Taking a consultancy's word over your DSO's. Only your school's DSO can authorize CPT.

Frequently asked questions

What schools have paused CPT?

The Harvard Crimson reported on October 6, 2026 that five Harvard schools (the College, HLS, HMS, GSD and GSAS) "no longer authorize CPT," and that MIT, Penn and Wellesley "paused authorization of CPT applications." Boston University's international office said on August 28 that it "will pause on certain CPT approvals." A UC Berkeley pause on course-credit CPT is reported only secondhand. Confirm any school's policy with its international office.

Is Day 1 CPT banned now?

No, and it is not safe either. BCM 2608-01 and BCM 2608-02 are SEVP guidance that is in effect and challenged in court, and SEVP says the Q&A is not a rule or final agency action. No school decertification over Day 1 CPT was found for September and October 2026, but that is a search-based finding, not an official statement.

What happens at the November 6 hearing in AAU v. DHS?

Judge Julia E. Kobick will hear the motion for a preliminary injunction or stay of the two CPT broadcasts on November 6, 2026 at 3:00 p.m. She may rule then, later, or deny relief. Until a court order says otherwise, the guidance remains in force.

What does BCM 2608-02 say about CPT?

Issued August 24, 2026 as a Q&A, it says elective-course CPT fails the "integral and required" standard, that the training must be done by "all students - foreign and American," and that all CPT must be with employers that have cooperative agreements with the school. It also announced a confidential tipline for DSOs who feel pressured.

Does the proposed OPT fee apply to CPT?

No. The OPT fee proposal published October 8, 2026 covers pre-completion OPT, post-completion OPT and STEM OPT, and CPT is outside its scope. It is only a proposal, with comments closing November 9, 2026.

Sources

• SEVP Broadcast Message BCM 2608-01 (2026-08-12): https://www.ice.gov/doclib/sevis/pdf/bcm260801.pdf
• SEVP Broadcast Message BCM 2608-02 (2026-08-24): https://www.ice.gov/doclib/sevis/pdf/bcm_260802.pdf
• AAU v. DHS, No. 1:26-cv-14520-JEK, docket: https://www.courtlistener.com/docket/74919449/association-of-american-universities-v-us-department-of-homeland/
• The Harvard Crimson (2026-10-06): https://www.thecrimson.com/article/2026/10/6/harvard-international-students-cpt-lawsuit/
• Boston University ISSO (2026-08-28): https://www.bu.edu/isso/2026/08/28/additional-sevp-guidance-further-restricts-cpt-eligibility/
• Study in the States (DHS) for official F-1 updates: https://studyinthestates.dhs.gov/

The CPT picture may change after November 6, but your job search does not have to wait. If you want help planning a search around the work authorization you actually have, whether that is CPT, OPT or STEM OPT, talk to F1Jobs. We will be straight with you about what we can and cannot help with.