I’m currently on an F-1 visa and about to start my third year. My parents are planning to apply for an EB-5 visa for me. I understand that once the Form I-485 is filed, I can also file I-765 for work authorization. My questions (1) If I use this to get an internship, will I be in violation of my F1? (2) What are the repercussions? (3) Do I need to maintain my F-1 until I get adjustment of status? What happens if I graduate before that?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryYes, you would be advised to maintain your F-1 status up until at least the filing and receipt of the adjustment of status. A few months after filing you will get a 5-year work authorization and can use that to undertake your internship.
Lynne Feldman
Immigration Attorneys DirectoryYou need to maintain some nonimmigrant status until you are able to file the adjustment.
Andres Echevarria
Immigration Attorneys DirectoryIf your EB-5 visa is current, you may apply for an I-485 and a work permit (EAD). This will allow you to work freely for any employer or independently. However, if you are currently under an F-1 visa and do not possess an EAD, your work authorizations are more limited as described below:
*Employment Options and Limitations for F-1 Visa Students in the U.S.*
International students holding an F-1 visa must adhere to specific employment regulations in the United States. Below is a detailed overview of these employment options:
*On-Campus Employment:*
- During the first academic year, F-1 visa students are only allowed to work on campus at their educational institution.
- Students are limited to 20 hours per week during the academic term, but they may work full-time during academic breaks.
*Optional Practical Training (OPT):*
- *Pre-Completion OPT:* Students can work in their field of study before graduation, but these hours count against the 12-month total allowed for OPT.
- *Post-Completion OPT:* After completing their studies, students may work for 12 months in their field of expertise.
- *STEM OPT Extension:* Students with degrees in certain science, technology, engineering, or mathematics (STEM) fields can apply for an additional 24-month extension, allowing up to 36 months of employment.
*Curricular Practical Training (CPT):*
- CPT allows students to work in roles related to their curriculum, such as internships or co-ops.
- It’s important to note that engaging in full-time CPT for 12 months or more disqualifies students from participating in post-completion OPT.
*Off-Campus Employment Due to Severe Economic Hardship:*
- In exceptional situations, students may apply for off-campus employment authorization due to severe economic hardship. Such requests are reviewed and approved on a case-by-case basis by U.S. Citizenship and Immigration Services (USCIS).
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