Immigration Attorney Dedicated to Serving talented Individuals for NIW in Indiana and across the U.S

The most common question F-1 visa holders have when applying for NIW is how it affects their current visa status. Fortunately, filing an NIW application does not affect F-1 status.

NIW and F-1 Status

Key Points:

• Filing NIW does not violate F-1 status
• You can maintain F-1 while NIW is pending
• No need to inform your school about NIW filing
• OPT and STEM OPT remain valid
• Can continue working on OPT authorization

Dual Intent Consideration

Unlike H-1B, F-1 is not a dual intent visa. However, filing for permanent residency through NIW is generally acceptable as long as you maintain your F-1 status requirements.

OPT Compliance

While your NIW is pending, you must continue to comply with all OPT regulations:

• Work in your field of study
• Report employment changes to DSO
• Maintain valid employment authorization
• Do not exceed unemployment limits

Timeline and Strategy

When to File NIW on F-1

• During PhD program (if qualified)
• While on OPT or STEM OPT
• Before OPT expires (recommended)
• When you have strong evidence ready

Processing Timeline

NIW processing typically takes 12-18 months. Plan accordingly:

• File well before OPT expires
• Consider H-1B as backup option
• Premium processing not available for NIW
• Can file I-485 when priority date is current

Advantages for F-1 Holders

• No employer sponsorship required
• Can change jobs after I-485 filing
• Spouse can apply for work authorization
• No prevailing wage requirements
• Self-petition flexibility