OT: Son to work in US as job placement (intern) nonpayed. Does he need a work visa?

Sliver

Member
Join Date
Feb 2004
Location
Kingston, Ontario
Posts
488
Hi,

just found out yesterday that my enterprising son in his last year of Marketing, Media, PR at college has been accepted to take his 3 week (100 hr min) work placement in San Fransisco, quite a bit west and south of Kingston, Ontario, Canada. After my initial stunned response, as he didn't even try to find something in our area, I have agreed to help him figure out what paperwork he might need to 'work' in the US. Did I tell you that the placement is to be completed by the end of January??!!

Anyway can anyone tell me who to contact to verify that he can go to San Fransisco, work for 3 weeks for no pay without breaking any foreigners working in US rules?

I know this is so far off topic but I don't know quite where to start.

Thanks,

Brian
 
Not even sure that he will need a work visa, but check out:
www.uscis.gov for the official view.

It may also be worth talking to an attorney specialising in immigration law, I know the current visa situation is constantly changing (I myself am an immigrant so I know).
Just do a web search for immigration lawyers/attorneys and you might find one that will give you an initial telephone consultation for free.

Good luck, immigration laws can be a pain...............
 
I don't know what documents he will need, but the college should. If they don't know, then they have no business soliciting placements in the US. If I were in your place, I'd start there. Second best would the company with whom he's been placed.

Personally, I'm not happy with the trend toward unpaid internships. I'm of the opinion that if the job is important enough to be of any value in furthering the student's education, then the person performing the job should be compensated for doing it.
 
I don't know if it is still the same, but a few years ago I had a paid intern that was not a US citizen and here from Qatar only on a student visa. It was no problem as long as it was related to his field of study. Once he graduated, though, Immigration put up all kinds of hoops to jump through if he wanted to stay. He ended up in London.
 
Sliver said:
Hi,

Anyway can anyone tell me who to contact to verify that he can go to San Fransisco, work for 3 weeks for no pay without breaking any foreigners working in US rules?
Brian

My advise...:
Better stay as far away as you can from this &^%$#!! country
 
I would ask this question to the company in question. Since there is no pay, what's the harm in just coming over. What is the INS going to do? Deport him? I doubt it.

Have a great time in SF. Great city.

Oh, to Pogo, we will stay away from your country, but care to tell us why? :)
 
Found this website:

http://www.immihelp.com/visas/student/index.html

Looks he might need M visa, if you really want stay 100% legal. I still don't see the harm in just make a good story (Sir, I just want to travel to all the 50 states). However, when I used to travel North, Canadian custom can be picky if your story don't match up. so the difficulty can be in the return.
 
Rod said:
Hope he speaks Spanish

I don't quite get the intended humor. SF doesn't have a particularly large Spanish-speaking population. Certainly not by comparison to the Southern cities of CA, AZ, NM, TX, & FL.
 
Rick Densing said:
Isn't that the same kind of generalization that Americans are always accused of?

No. This is finely nuanced, sophisticated, sensitive view. You American boors cannot possibly get it.

Oh boy. Didn't think someone would be commenting on that...
 
Beggar said:
I don't quite get the intended humor. SF doesn't have a particularly large Spanish-speaking population. Certainly not by comparison to the Southern cities of CA, AZ, NM, TX, & FL.
The reference is to the recent political movement to provide Spanish speaking illegals with benefits such as tuition breaks, drivers licenses, health care, and/or outright amnesty.

 
Wow,


Thanks for all the replies and links, I have a few minutes to investigate them,

Brian.

edit:

Thanks to Mike's link I found this at a Canadian Site for Canadians visiting the States:

"The preparations you must make and the information you require depend on the reason for your visit and the length of time you expect to be in the United States. If you're simply crossing the border to fill your gas tank or shop for a few hours and have done so before, your preparations can be minimal. But if you are going for several weeks or months, if you are moving permanently, or if your visit involves remunerative work, you need to prepare carefully."

This is a good sign.

Brian.

edit again:

Canadians travelling to the United States to perform volunteer work may require a work permit, especially if the employer pays any related expenses such as travel or room and board. Such individuals have on occasion been refused entry at the border. Others have been refused entry after admitting to U.S. Customs officers that they have previously performed volunteer work in the United States. It is wise to discuss your specific situation with the U.S. Department of Homeland Security Citizenship and Immigration Services (USCIS) to avoid potential problems

[font=Arial, Helvetica, sans-serif]Studying in the United States

[/font]Canadian students are no longer allowed to begin study in the United States without a valid Form I-20 (Certificate of Eligibility). These are issued by the U.S. school and sent directly to the applicant. In addition, students should have the following ready for presentation to the U.S. Customs officer at the port of entry:
  • [font=Arial, Helvetica, sans-serif]documentary evidence of sufficient funds to cover travel, tuition and living expenses in the United States;

    [/font][font=Arial, Helvetica, sans-serif]evidence that the applicant has a residence outside the United States and has no intention of abandoning it; and

    [/font]
  • [font=Arial, Helvetica, sans-serif]evidence of scholastic and linguistic proficiency for the academic programs to be undertaken in the United States.[/font]


I think my son falls somewhere between volunteer and student?

Harry,

Thanks for the link, I'll look into the M Visa, if needed it'll probably sink the deal.
 
Last edited:

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