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Mia.Gaga

Working for free/volunteering on a ESTA visa

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Filed: Other Country: United Kingdom
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Hey, i will be in America for 10 weeks and travelling on a ESTA visa from the UK. I have been offered a job I know i cannot get paid but i am happy to work for free. Am i allowed to do this? I just want to get some experience. Does anyone know if this is allowed on ESTA visa i will not be getting paid for the work i do?

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Filed: K-3 Visa Country: United Kingdom
Timeline

Hey, i will be in America for 10 weeks and travelling on a ESTA visa from the UK. I have been offered a job I know i cannot get paid but i am happy to work for free. Am i allowed to do this? I just want to get some experience. Does anyone know if this is allowed on ESTA visa i will not be getting paid for the work i do?

I would think as long as it's for a non-profit registered charity

it shouldn't be a problem :dance: Don't forget to get a glowing

letter of recommendation when your done volunteering. It'll

look awesome on your resume!

I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

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Hey, i will be in America for 10 weeks and travelling on a ESTA visa from the UK. I have been offered a job I know i cannot get paid but i am happy to work for free. Am i allowed to do this? I just want to get some experience. Does anyone know if this is allowed on ESTA visa i will not be getting paid for the work i do?

Hi,

My First rule when it comes to immigration matters - "Don't assume", that will get you into trouble.

If your question is "Can I come to US and work on ESTA?" then answer is NO. See the guideline of using ESTA - http://travel.state.gov/visa/temp/without/without_1990.html#national

If you are taking up a job (as it sounds from your above post) then whether it's paid or not paid is irrelevant as it's still an employment contract. Similarly to forming a contract to buy something from someone where monetary value is nill but the contract still holds valid.

If you coming over to help as a favour and it's not employment then where there is no legal employment contract exists then there is no problem. Remember the rule states "you cant use it for employment" and it does not state "you cant use it for paid employment", in realms of legal technicality omission or inclusion of a word has a greater influence on how it's interpreted.

Anyway my second rule is - "Ask and verify", because if you mess up something related with immigration and get yourself in trouble then the repercussions could be considerable. So my advice would be ask the question from CPB (Customs and Border Protection) directly if you are indeed taking up a voluntary employment.

Link to CPB Q&A site - https://help.cbp.gov.

They are very good in answering questions and you can use that as evidence afterwards.

Hope this helps.

Regards

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Filed: Timeline

The VWP replaces the need for citizens from member countries to apply for B visas. To work in the US, unless as a nanny, you require a different class of visa. So no you can't work whilst you're there, nor should you try either, unpaid or not.

http://travel.state.gov/visa/temp/types/types_1286.html

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Filed: Timeline

One cannot do any sort of work, whether remunderated or not, while in B2 status. Those in B1 status can work under certain limited circumstances (nannies [but NOT for USCs], repairmen doing installation or repairs based on a contract for same that was signed at point of sale, B1 in lieu of H (again, with certain restrictions on method of payment) and Basque sheepherders (thanks to congressmen from Wyoming and Montana!!) and certain jockeys and/or stable hands who perform their duties for a foreign owned stable, and missionaries (typically Mormon)...but anyone else arriving in tourist visa status (B2 or ESTA) cannot do anything that resembles work, even volunteering. The way to analyze this is as follows: if the activity being performed would normally be done by a paid employee or produces a product or service for sale, that is considered work. This includes diaper changing by relatives on a continuing basis allowing the mom to return to her normal job...if said relative was not changing diapers, a nanny or au pair would have to be hired. :thumbs:

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