internship on B1/B2 visa

[H1Baspirant 0]

hi All,

Thanks a lot in advance. My sister is doing fashion designing course from NIFT, India. So for her 2 months college vacation she wants to pursue an unpaid internship here in USA.

She already has a visa with type: R/B1/B2 valid until December 2015.

Can she come here as tourist, stay with me and meanwhile also do the internship?

thanks again,

H1BAspirant

[Boiler 45,657]

Depends on the nature of the internship/

Is she doing something which would normally be paid employment?

[H1Baspirant 0]

no i dont think that should be considered paid.

she just wants to see how work goes on in a textile/knitwear manufacturing company/factory. She would be clicking pictures, asking questions to put in her report, and in the end take few samples and tell her college that she assisted in making those. While she is doing this, she may assist whom she reports to if they need some help. She is really creative and hardworking and may surpass all these activities and become a very good intern by doing more than what she is expected though.

[Boiler 45,657]

That does not sound like an Intern, may be a language issue.

As an aside I did not know they did any of this in the US, has she thought of Bangladesh or Sri Lanka?

[H1Baspirant 0]

yeah maybe its not called an intern. But i didnt have a better word for it. The students just want to have more experience by utilizing their 2 months vacation time. Maybe you can call it a summer project or so.

And also, they do need such students. I see a lot of advertisements in craigslist to have those kind of summer project interns.

But the question is whether she can do it on B1/B2 visa or not.

[Boiler 45,657]

Interns are basically un paid workers, the con is that you get 'experience' in exchange for providing free labour.

I have never heard of anybody advertising for student to go and watch what they do, a very different situation.

[H1Baspirant 0]

Absolutely right. She wants to get experience, and as a side she will add it in her portfolio.

Please look at this.

http://losangeles.craigslist.org/lac/med/4402885453.html

She knows most of the above whatever they are asking for.

But, we were just thinking whether she will need to apply for a different visa or not.

Thanks,

H1bAspirant

[Boiler 45,657]

That for example clearly needs a work authorised visa.

J1 seems common, but the Employer sorts it out.

[H1Baspirant 0]

I looked into J1 visa requirements. It need a degree. She doesnt have a degree yet as she is into her 3rd year. She will get the degree next year. So, J1 clearly is not the one that matches our requirements.

Thanks

[Boiler 45,657]

There may not be an appropriate US Visa.

[RhettVoe 282]

One cannot do an unpaid internship that would involve anything resembling work...anything. Claiming she will stand and watch is well, far from believable. Sounds like she needs a J1 or an H3. If she arrives in the US and tells the truth at the POE, she would be sent home to get the right type of visa.

[RhettVoe 282]

Even Congress discovered that they cannot bring foreigners here to do 'internships' in their offices even if they are not paid. Certain activities are allowed by B1 holders that sure looks like work:

(a) domestic employees

(b) Basque sheepherders (thanks to congressmen from Montana and Wyoming)

© certain foreign jockeys, but only if they are 'jockeying' for a foreign owned stable

(d) some types of religious activities, like Mormons who spend a year or two in the US doing some sort of thing that is apparently part of their religious upbringing or development

(e) installing and/or repairing certain industrial type equipment, if the repairs were contracted for at the time of sale of said object.

a medical 'observer ship' in which the medical student carries only a clipboard around and peers over the shoulders of real doctors...however, the medical intern must pay his or her own way.

'Training' is often a blurred line (wasn't there a popular song with this title?)...in general, if the 'trainee' will be engaged in any activity that would otherwise be carried out by a salaried/compensated employee, the trainee would need either an H3 visa or a J1 (which carries work authorization)...

[il_moe 2]

Unfortunately there is no chance to assist/train on the job while on B1/B2, i'm adjusting status from B1 and i looked into every option,you cannot do anything other than business meetings.

There is no unpaid legal training or assistance possible, companies won't give you "work" and, if they do so it's illegal and you risk a lot of years ban if the government finds out.. The domestic work must be contracted in advance before entering the US. Good luck with the other visas!

[Caryh 5,206]

http://ed2010.com/generic/how-international-students-can-land-u-s-internships/

Q: How long do you plan on staying in the United States?
If you’re taking on a 2-3 month unpaid internship for educational purposes, then the B-1/B-2 Visa is the best choice for you. This option requires that the person not be paid in the U.S. and not be engaged in employment during his or her time here. Luckily, travel expense reimbursements and cost of living may be permitted under the B-1/B-2 (for example, you would be able to receive Conde Nast’s $12 daily travel stipend). “If the purpose is to expose this person to something typically American, and let them gain a certain familiarity with how things are done here, then they can get the B-1/B-2 Visa,” explains Goldsmith.

Under the B-Visas there is no restriction on time spent at the office. “There’s no limit on hours since the person is volunteering their time as opposed to getting paid for productive employment,” says Goldsmith.

[RhettVoe 282]

the key word is employment....who will really believe that someone wants to come here for several months, on their own dime and stand around watching people do various things? Hard to believe. And even then, the applicant must convince the CO of two things: (1) they will only be standing around watching and (2) they will return to their own country after all of the 'observation' has ended.