Green Card Work EAD I-485 Application

If you’re an F-1 student who received your work permit EAD card through a pending I-485 Application the below information may be beneficial to you.

EAD Green Card through Marriage

Upon marrying a U.S. citizen, you are permitted to remain in the United States under Adjustment of Status (AOS) laws, without the need to maintain your F-1 visa status.

Once you receive your Green Card Employment Authorization Document (EAD), you will need to close your F-1 status.

Operating on both the Green Card EAD and F-1 visa simultaneously is not permitted.

EAD Green Card through Employment

If you have filed for an I-485 and are using an EAD, you will be considered to be in I-485 pending status.

After receiving your work EAD, you may cease attending college, as the EAD grants you the right to work and remain in the U.S.

If you choose to withdraw from school, you can return at a later date.

Before withdrawing your F-1 status, please consult with your lawyer. They may advise you to maintain your F-1 status until your Green Card is approved.

International Student Work Authorization

Studying abroad can be financially challenging, even for F-1 students who are required to demonstrate sufficient funds for their education. However, unforeseen circumstances may arise, impacting their financial stability. While academics should remain the top priority, employment opportunities may be necessary. Below is a list of work authorization options available to F-1 students.

  1. Curricular Practical Training (CPT)
    • Definition: Employment authorization for F-1 students that is an integral part of their curriculum.
    • Eligibility: Must have completed at least one academic year (except for graduate students whose program requires immediate training.
    • Work Hours: Can be part-time or full-time
    • Key Note: If a student uses 12 months of full-time CPT, they become ineligible for Optional Practical Training (OPT).
  2. Optional Practical Training (OPT)
    • Definition: Temporary work authorization for F-1 students directly related to their field of study.
    • Duration: Up to 12 months (can be extended for STEM students).
    • Eligibility: Must have completed at least one academic year.
    • When to Apply: Up to 90 days before program completion and up to 60 days after.
    • Types:
    • Pre-Completion OPT: Work authorization before graduation.
    • Post-Completion OPT: Work authorization after completing the academic program.
  3. Pre-Completion OPT
    • Definition: OPT used while the student is still enrolled in their program.
    • Work Hours:
    • Part-time: 20 hours per week while school is in session.
    • Full-time: Allowed during school breaks.
    • Key Note: Time used in Pre-OPT is deducted from the total 12-month OPT allowance.
  4. Severe Economic Hardship Employment
    • Definition: Off-campus work authorization granted to F-1 students who face unforeseen financial difficulties.
    • Eligibility:
    • Must have been in F-1 status for at least one academic year.
    • Must prove severe economic hardship due to unforeseen circumstances (e.g., loss of financial sponsorship, medical bills, currency devaluation in the home country).
    • Work Hours: Part-time (≤20 hours per week) while school is in session; full-time during breaks.

Note: OPT, Pre-OPT and Economic Hardship must be approved by USCIS before an F-1 student can start working.
Application Process: Requires filing Form I-765 with USCIS and receiving an Employment Authorization Document (EAD).

Understanding F-1 Work Authorization (OPT)

A Valuable Opportunity for Employers and Employees

Many companies are unaware of Optional Practical Training (OPT) and the benefits it offers both employees and employers. Frequently, organizations focus solely on hiring H-1B candidates, often believing that these visa holders possess superior experience in their fields. While the H-1B visa allows for a three-year work authorization period with the possibility of extension, this focus has overshadowed F-1 students on OPT, who possess comparable skills and knowledge.

Benefits of Optional Practical Training for Employees and Employers

In contrast, Optional Practical Training provides work authorization to F-1 visa holders after they complete their degree program. OPT authorization can range from one to three years, depending on the degree earned, allowing employers to hire candidates directly. This approach reduces costs and eliminates the need for third-party agencies.

Moreover, employing F-1 students on CPT or OPT gives companies the opportunity to evaluate their work ethic and performance before considering them for H-1B visas or Green Cards. Third-party agencies often control salaries, which can increase costs for companies while lowering compensation for employees.