Latest Trends--Students and Employment Authorization Documents

As part of the zero-tolerance policies regarding maintenance of status of foreign nationals, we have observed an increase in the scrutiny by INS of the status of students during the post-completion practical training. This arises when the student seeks at the end of the practical training period to switch to another status (H-4 or H-1B being the most common). Students wishing to obtain a position through the employment authorization document need to be aware that they may have to document ongoing efforts to secure a position at some point. If the student does not intend to ever use the EAD to secure a position, and is only using the EAD to prolong their stay in student status, another status should be sought rather than relying on the EAD.

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