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Employment Authorization Document (EAD)

HIRING A FLORIDA IMMIGRATION ATTORNEY

FREQUENTLY ASKED QUESTIONS

  • If an F1 student with D/S status does unauthorized work, what is the process of canceling their status? Can the ISO cancel it without forwarding the case to an immigration judge? Does CBP have the same authority to cancel an F1 visa for work violations?

    If an F1 student engages in unauthorized employment, their status is automatically violated. The ISO can determine this and refer the student to ICE for removal proceedings. ICE is responsible for making the final determination. It is not within the authority of the ISO or CBP to cancel an F1 visa for work violations. Only the Department of State can cancel a visa. To contact ICE, call 703-630-3400. To contact CBP, visit www.cbp.gov or call 877-227-5511. To contact the Department of State, visit www.state.gov.

  • Do F-1 students' preparatory activities for self-employment during OPT count as employment, or do they count against the 90-day maximum unemployment period for maintaining F-1 status?

    The SEVIS Policy Manual states that self-employed students on OPT must possess the necessary business licenses and be actively engaged in a business related to their degree program. As for the 90 days, NSC has mentioned that the cases they have encountered involved students who had already established their businesses.

  • What options do I have if I came to the US on a visitor visa and now wish to stay, given that I have a college degree and speak fluent Spanish?

    There are a few possibilities: 

    1. You can enroll in a school and apply for an F-1 student nonimmigrant visa, 

    2. Request an extension of your B-2 visitor status with USCIS if you need more time to enroll.

    3. Find a company willing to petition for an H-1B nonimmigrant visa while maintaining your current status until the change of status is approved.

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