A coalition of higher education groups filed suit on October 5, 2026, challenging ICE guidance that narrows which internships qualify for Curricular Practical Training (CPT)
A coalition of US higher education associations has filed a federal lawsuit challenging new federal guidance that significantly narrows Curricular Practical Training (CPT) — the work-authorisation pathway that lets international students on F-1 visas take internships and practical training connected to their degree. The lawsuit, filed October 5, 2026, in the US District Court for the District of Massachusetts, argues that US Immigration and Customs Enforcement (ICE) reversed more than 35 years of settled policy through internal messages, without the formal rulemaking process the law requires.
Key Facts at a Glance
- Filed: October 5, 2026, in the US District Court for the District of Massachusetts
- Plaintiffs: Association of American Universities (AAU), the Presidents' Alliance on Higher Education and Immigration, NAFSA (Association of International Educators), and the Association of Independent Colleges and Universities in Massachusetts (AICUM)
- Defendants: ICE, the Department of Homeland Security, and the Department of Justice
- What changed: Two ICE broadcast messages (August 12 and August 24, 2026) reinterpreted CPT eligibility — under the new reading, an internship or practical training opportunity qualifies only if it's mandatory for every student in that degree program, not simply relevant, elective, and approved by the institution as it has worked for decades
- Already affecting students: Several universities, including Columbia, Michigan State, and Tufts, have already paused or narrowed CPT authorisations in response, and some students' internships this academic year have reportedly already been disrupted
- Current status: The lawsuit was just filed; no court ruling has been issued yet, and the new guidance remains in effect while the case proceeds
What this means for applicants
CPT has long been one of the most commonly used work-authorisation routes for international students doing internships during their studies, particularly in fields like computer science, business, public policy, and healthcare. If the new interpretation stands, many standard elective internships — even ones directly relevant to a student's major and approved by their university — could lose CPT eligibility, specifically because most degree programs don't formally require an internship for every student.
Because this went into effect through internal guidance rather than a public rulemaking process, universities had to react quickly, and some have already tightened their own CPT approval processes as a precaution while the legal situation plays out. Students currently in the US on F-1 status, or planning US programs that typically include internships, should treat this as an active, evolving situation rather than a settled rule either way.
What you can do
- If you're currently on an F-1 visa with an internship planned or underway, check directly with your university's international student office (DSO) about how this guidance is currently being applied on your campus.
- If you're choosing between US programs for upcoming intakes, ask admissions or international offices directly whether the program's internship or practicum component is formally mandatory for all students — this is now the key eligibility question under the new interpretation.
- Don't assume your university's current CPT practice is guaranteed to continue unchanged; this is genuinely in flux while the lawsuit proceeds.
- If US work-integrated learning is a major reason you're considering the US, it's a reasonable moment to also look at how internships and practical training are handled in other destinations, simply to understand your full range of options.
IRS Study Abroad, Kottayam, tracks work-authorisation and visa policy developments across all major study destinations, including fast-moving legal and regulatory changes like this one, so students get accurate, current guidance rather than outdated assumptions.