Lawsuit Filed Challenging SEVP's Recent CPT Restrictions
8 October 2026
On October 5, 2026, a lawsuit was filed in the U.S. District Court, District of Massachusetts, challenging the new Curricular Practical Training (CPT) restrictions issued by SEVP in August, 2026. Plaintiffs include NAFSA, the Presidents' Alliance, the Association of American Universities (AAU), and the Association of Independent Colleges and Universities in Massachusetts (AICUM).
The new restrictions were issued through two memos sent to sponsoring school DSO's, with no formal rulemaking process. Through the underlying regulations are unchanged, the memos issued severe reinterpretations of how an internship is defined as "integral" to the curriculum, and requiring a signed agreement between the employer and the company. In response to the memos, many schools have paused or restricted when and how they might approve CPT for international students.
From NAFSA's press release, outlining the legal challenges being made:
The change was announced abruptly, without a substantive explanation, period for public comment, or acknowledgment that it departed from the federal government’s previous longstanding interpretation of CPT.
The communications sent directly to campus university designated school officials (DSOs) threatened them with severe institutional penalties and potential personal liability for practices that the government had previously long permitted.
The broadcast messages needlessly disrupt the plans and expectations of students, schools, and others in the community, who responsibly planned their affairs around the government’s longstanding position that these practical-training opportunities will remain permitted.
You can read more about the CPT restrictions here.
