After EB-1A approval, can I keep my F-1 visa and work off-campus?

It is important to understand that each status in the United States has specific rules and limitations that must be carefully observed. The F‑1 visa, for example, is intended for students and imposes restrictions on work, especially off-campus, unless there is prior authorization (such as OPT, CPT, or another specific benefit).

On the other hand, EB‑1A approval is a step towards permanent residency – although this petition demonstrates immigrant intent, which differs from the non-immigrant requirement of the F‑1 visa. Even with EB‑1A approved, if you choose to maintain F‑1 status, you will still be subject to the rules applicable to students.

This means that off-campus work, which is usually only allowed under very specific conditions and with official authorization from the United States Citizenship and Immigration Services (USCIS) or your institution, does not automatically change simply because you have an approved EB‑1A petition.

Furthermore, considering immigrant intent is crucial: the F‑1 visa requires that you maintain temporary student status, and holding an approved immigrant petition can, at certain times, raise doubts about your intention to maintain non-immigrant status.

Therefore, if you are considering maintaining F‑1 status while your EB‑1A has already been approved, it is crucial to carefully review the terms and conditions of each status. Working off-campus without proper authorization can put your status at risk.

Given the complexity of these situations, it is essential to seek information from reliable sources and, if possible, consult a specialized immigration professional – from trustworthy institutions with recognized credentials – to avoid misunderstandings and possible legal complications.

Always remember to follow the immigration laws and regulations of the United States and be cautious with offers that promise easy or guaranteed changes, as this may expose you to unnecessary risks. Each case has its peculiarities, and well-informed guidance is the best way to ensure compliance with the rules while planning your next steps.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.