Yes, F-1 students can apply for a National Interest Waiver (NIW) while maintaining their F-1 status. U.S. immigration law does not prohibit F-1 students from developing an intention to immigrate after entering the U.S. in nonimmigrant status. Filing an NIW petition (Form I-140) does not, by itself, violate F-1 status as long as the student continues to comply with all F-1 requirements, such as full-time study and proper employment authorization.

However, students must be careful when traveling internationally or applying for a new F-1 visa after filing an immigrant petition. Because the F-1 visa requires “nonimmigrant intent” at the time of visa issuance and entry, an approved or pending I-140 can complicate re-entry to the U.S. If an immigration officer believes you now intend to stay permanently, you could be denied entry or a visa renewal.

In contrast, if you remain in the U.S. and maintain your F-1 status properly, there is no automatic violation simply because you file an NIW. It’s critical to plan carefully — and in many cases, pursuing options like H-1B or O-1 visas (which allow “dual intent”) may offer more flexibility if you intend to travel.

If you are an F-1 student considering filing for an NIW, it is strongly recommended to consult with one of our experienced immigration attorneys to develop a strategy that minimizes risks.