An international student in the U.S., currently on an F-1 visa and nearing the end of their STEM-OPT work authorization, is weighing their options to stay in status while their green card application is pending. The student has filed for adjustment of status through the EB-5 investor program and is looking for ways to continue working legally in the country.
With about two months remaining before the STEM-OPT period ends, one possibility being considered is enrolling in a new academic program that offers Curricular Practical Training. CPT would allow the student to work while enrolled, provided the program meets eligibility requirements and is approved by the Designated School Official. The plan would involve transferring to a new school and securing a new I-20 with CPT authorization, potentially maintaining F-1 status and employment authorization.
However, the situation is complicated by the pending adjustment of status application. Once an I-485 has been filed, applicants are generally allowed to remain in the U.S. in a period of authorized stay, but this does not necessarily grant continued work rights without separate employment authorization. The use of CPT while an AOS application is pending raises legal questions about dual intent and whether enrollment in a new academic program could be viewed as inconsistent with the pending immigrant intent.
Immigration attorneys often caution that pursuing CPT in such a scenario can carry risks. If not handled properly, it could create questions about the legitimacy of the student status or impact the adjustment process. Each case may require a detailed review of immigration history, timelines, and eligibility under both student and immigrant visa frameworks.
As the deadline approaches, the student is seeking clarity on whether continuing in F-1 status through a new program is a viable bridge until the green card is approved—or whether a different path, such as applying for work authorization through the adjustment process (Form I-765), might offer a more secure alternative.
