Internship with K1 visa before EAD

[nanaaalex 49]

I should get my K1 visa soon and I'm just getting prepared.

From my understanding you cannot be employed until you get the EAD but what about if you intern?  I love what I do (I'm a hairdresser) and can't imagine not being in a salon environment for 3+ months. I was thinking of asking a salon in the Bay Area to be a receptionist with no pay just to give me something to do. I will be moving to California at first since my fiancé is there for work and then moving to NY in 2018. I should actually get my EAD by the time we're in NY.

 

I know it's legal to volunteer but I've read some old posts here that said it isn't in your own field. Is it still true now? Or should I sign a paper with the salon saying it's just until my EAD?

 

TIA

[s + j 71]

20 minutes ago, nanaaalex said:

I should get my K1 visa soon and I'm just getting prepared.

From my understanding you cannot be employed until you get the EAD but what about if you intern?  I love what I do (I'm a hairdresser) and can't imagine not being in a salon environment for 3+ months. I was thinking of asking a salon in the Bay Area to be a receptionist with no pay just to give me something to do. I will be moving to California at first since my fiancé is there for work and then moving to NY in 2018. I should actually get my EAD by the time we're in NY.

 

I know it's legal to volunteer but I've read some old posts here that said it isn't in your own field. Is it still true now? Or should I sign a paper with the salon saying it's just until my EAD?

 

TIA

Submit your EAD application with an expedite request, but remember you can't do an expedite request if you don't have a pending job offer.

[LionessDeon 2,060]

You can volunteer.  I doubt you would need to have the salon sign any paper.  Just don't accept any form of payment.

 

I know you stated you will miss the salon atmosphere, but have you considered volunteering to do hair at a women's shelter or nursing homes?  My hair stylist does that and finds it very rewarding. She said they greatly appreciate her services.

[LionessDeon 2,060]

40 minutes ago, s + j said:

Submit your EAD application with an expedite request, but remember you can't do an expedite request if you don't have a pending job offer.

You can do an expedite regardless of pending job offers.  Doesn't mean it will be approved but nothing prohibits one from sending in an expedite.  Some do for financial hardship.

[A'n'L 735]

Would someone else be paid to do the job? If so, it does not qualify.

[f f 725]

5 minutes ago, LionessDeon said:

 

You can volunteer.  I doubt you would need to have the salon sign any paper.  Just don't accept any form of payment

 

that is not a good blanket statement. you can volunteer so long as there is no prospect of getting employment out of it or deny someone else the ####### it to volunteer and gain the work experience. this is because money is just one aspect of employment and the experience can be just as valuable. unpaid internship at an business office not ok, unpaid internship at a animal shelter is fine.

 

also make sure you get the proper certificates to work in a salon. since paying to take a course to get them is perfectly fine since you are paying them for the service.

 

good luck

[LionessDeon 2,060]

^^^^ Do you have a link or source of this information?

[f f 725]

https://www.avvo.com/legal-answers/can-i-legally-volunteer-my-time-or-intern-while-my-1960025.html

 

the issue is you are getting work experience which can be more valuable than money. you can take any classes you want as long as you pay for them.

 

experience was the word I ment to write that was converted to #####.

[LionessDeon 2,060]

Ok.  I'll check that out.

 

This is what I found from USCIS:

"My company retains unpaid individuals (student trainees, interns, volunteers, residents) that receive job training and experience but receive no form of payment from my company. 

For unpaid individuals unless the individuals will receive something of value in exchange for their labor or services, also referred to as remuneration.

Remuneration can come in many forms, such as money, meals, lodging and other benefits, but does not include gifts."

 

 It doesn't seem they deem job training and experience as being paid.

 

 

[LionessDeon 2,060]

The answers from the attorneys on the site you referenced are conflicting. In fact most attorneys state you can volunteer and even at a likely place of employment, while only one says you cannot volunteer at all, which I do not believe to be correct.  

 

I've not heard of any other VJer getting documentation of their volunteer endeavors or being restricted to only volunteering at places you are not planning to work at.  In fact, I remember a post from a vet tech stating she would volunteer at an animal shelter until her EAD was approved.  Don't remember anyone telling her that was unacceptable.

[nanaaalex 49]

1 hour ago, s + j said:

Submit your EAD application with an expedite request, but remember you can't do an expedite request if you don't have a pending job offer.

Thank you for the suggestion but I'm not really trying to get the EAD faster since I don't want to start building a clientele out there in California when I will be moving to NY in the near future.

[nanaaalex 49]

1 hour ago, LionessDeon said:

I know you stated you will miss the salon atmosphere, but have you considered volunteering to do hair at a women's shelter or nursing homes?  My hair stylist does that and finds it very rewarding. She said they greatly appreciate her services.

I will look into that!

 

52 minutes ago, f f said:

also make sure you get the proper certificates to work in a salon. since paying to take a course to get them is perfectly fine since you are paying them for the service.

 

good luck

Thank you I'm only looking into reception work in a salon. I don't want to do any hair since I will be moving a couple of months afterwards across the country.

[ricnally 258]

If someone else "could" be paid to do it, it's not legal for you to do it for free.

[JFH 12,189]

Doesn't sound like it's a true internship. An internship is for the basis of training and if you've already worked in a salon I don't see what training they could be giving you. Also an intern cannot displace a current employee. Your situation sounds more like work than training. 

 

Volunteering in the true sense of the word is permitted - whereby you provide a charitable service with no expectation of anything in return. Animal shelters, church and community projects, for example. 

 

Just a general remark, not necessarily aimed at the OP: we we see this question regularly and I wonder why, with all the information in the guides and on the official government websites that make it clear you cannot work as a K-1 until you have your EAD or green card, people still pursue the K-1 path when work is important to them. 

[Suss&Camm 2,213]

31 minutes ago, JFH said:

Just a general remark, not necessarily aimed at the OP: we we see this question regularly and I wonder why, with all the information in the guides and on the official government websites that make it clear you cannot work as a K-1 until you have your EAD or green card, people still pursue the K-1 path when work is important to them. 

Life is full of priorities. Just because the priority had to be made at the time to go the K1 route doesn't mean that work is not important to that person. That's a very blanket way of looking at it. I'm not going into particulars, but we, for example, didn't have any practical opportunity to go the spousal route at the time. Work is very important to me,  but each path comes with its negatives.

Furthermore,  I don't think it's odd to ask about something like this to learn about what's correct and not. Different countries have very different takes on this matter. 

Going the K1 route doesn't mean you aren't going to explore what ever options there are to keep busy and stay sane. It even makes it more important to do so imo.