Harvard Law School bars international students from externship clinics under new US rules

International students pursuing a Juris Doctor (JD) degree at Harvard Law School will no longer be eligible to participate in its externship clinics during the current academic year following a change in US guidance on off-campus work authorisation.

The change follows guidance issued by the US Student and Exchange Visitor Program (SEVP) in August, which restricts when universities can authorise Curricular Practical Training (CPT) for international students.

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CPT allows eligible international students to undertake practical training related to their academic programme while studying in the US. Under the revised guidance, universities may authorise such training only when it is a requirement for all students enrolled in the degree programme.

At Harvard Law School, students must complete six credits of experiential learning courses to graduate. However, they can fulfil this requirement through in-house clinics and seminars instead of externships. As a result, externships do not meet the revised CPT eligibility criteria.

The decision affects all 13 externship clinics at the law school. These programmes combine academic coursework with placements at government agencies, companies and non-profit organisations. Previously, international students faced restrictions on certain placements, including government positions requiring US citizenship, but could participate in other eligible externships.

The change is relevant to Indian students considering US legal education, particularly those seeking practical experience in sports law, public interest law and other fields before entering the job market.

Alternative options for international students

Harvard Law School Associate Dean for Academic Programs Meredith Boak said the institution was helping affected students understand their options.

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“We reached out earlier this month to all F-1 students and have been working directly with students already enrolled in externship clinics to help them understand their options,” Boak wrote. “Students who are unable to pursue an externship are being offered individualised advising to identify an alternative path aligned with their goals.”

Boak also directed students towards the law school's in-house clinical programme, which offers 25 options.

Affected JD students may also apply for pre-completion Optional Practical Training (OPT), a separate federal work authorisation that allows eligible international students to undertake work related to their degree for up to 12 months. However, using OPT before graduation could reduce the time available for post-study employment in the US.

Kit F. Johnson, an immigration law professor at the University of Oklahoma, said students would generally prefer to preserve OPT for after graduation. “I would assume that most students would not want to use their optional practical training in this context,” Johnson said. “They usually want to use it for post-graduation because then it helps buy them time and buys their employer time to get them a different visa.”