Can F-1 Visa Holders Continue Working While Waiting for a Marriage-Based Green Card?

Published: May 15, 2025

Are you in the process of switching your immigration status from an F-1 visa to a green card through marriage? One common concern for F-1 visa holders applying for a green card through marriage is whether they can continue working during the processing period. 

Whether marrying a lawful permanent resident or a US citizen, the adjustment of status process allows international students on an F-1 visa to secure a green card without leaving the country. However, this application doesn’t automatically provide work authorization. The US Citizenship and Immigration Services (USCIS) pays close attention to unauthorized work. 

Suppose unauthorized employment occurs. USCIS may deny the application, except in limited cases, such as when you’re a spouse of a US citizen. Thus, knowing when you can legally work is critical to avoid putting your marriage green card application at unnecessary risk and being subject to serious legal repercussions. 

In this post, we’ll provide a detailed look at when individuals holding an F-1 visa can continue working while waiting for a marriage-based green card. 

Overview of Work Restrictions in F-1 Visas

Individuals on an F-1 visa face restrictions regarding their rights and opportunities to work in the US. If you accept work without legal authorization, you can face serious immigration repercussions, such as the potential loss of your F-1 status. The following are some employment options available for F-1 visa holders: 

On-campus employment

Qualified F-1 visa holders can work no more than 30 days before the start of the academic program. However, it’s only possible if the work opportunity doesn’t cause a US citizen or a green card holder to lose their job. 

Although it’s not required to obtain additional authorization from the United States Citizenship and Immigration Services (USCIS) for on-campus employment, you must notify your Designated School Official (DSO) about your employment status. 

 

Off-campus employment

You must complete at least one full academic year before accepting certain off-campus jobs. Likewise, securing authorization from the DSO or USCIS is essential. You can acquire approval from the DSO if you’re pursuing Curricular Practical Training (CPT). Meanwhile, if you’re participating in Optional Practical Training (OPT), you can get permission from the USCIS. 

When Can F-1 Visa Holders Continue Working During the Green Card Process?

Engaging in any work without authorization can hurt your green card application. A qualified immigration lawyer is beneficial in evaluating your eligibility to work while waiting for your marriage-based green card and expediting paperwork where possible. 

To help you get started, here’s a breakdown of where F-1 visa holders can legally secure employment during the green card process. 

When you have a valid F-1 visa status

As long as your F-1 status remains valid while your green card application is pending, you can continue working under the rules of that existing visa. 

For instance, you can work in on-campus employment for up to 20 hours every week during the academic term and full-time during breaks. Suppose your F-1 status expires. You must stop working unless you secure another form of employment authorization. 

When you’re on optional practical training (OPT)

Optional practical training (OPT) is one form of work authorization for which F-1 visa holders can qualify. It grants you up to 12 months of OPT work authorization off campus, which you can use before completing your academic studies (pre-completion) and/or after your academic program ends (post-completion). 

While you have a pending marriage-based green card, you can continue working without violating your F-1 status under your OPT if it remains valid. However, once the OPT expires, you can no longer work unless you receive a new employment authorization. 

When you secure an employment work authorization (EAD)

When applying for a marriage-based green card, you can concurrently or separately request an employment authorization document (EAD), commonly referred to as a work permit. Once approved, the EAD allows you to secure legal employment in the US without being subjected to the work restrictions tied to your F-1 visa. 

Call ALG Lawyers to Ensure a Seamless Transition

Transitioning from an F-1 visa to a marriage-based green card can be legally intricate, particularly concerning employment. Our team at ALG Lawyers can help ensure you do every step accurately, from preserving your legal status to securing the proper work authorization while your green card application is pending. Call our firm today to make your transition seamless with a reliable Los Angeles immigration lawyer.