Internship

[Mmagic 127]

Hi, we completed and applied for I-485 (K1 AOS, EAD & Advance Parole Travel Permit). Just for a query if I am allowed to have job internship without pay while my documents (K1 AOS, EAD & Advance Parole Travel Permit) is in the process?  Thank you.

[PedroDaGr8 245]

Yes, but only if it is a valid unpaid internship. If the internship is one that the Dept. of Labor rules you should have been paid for, then you can get into a lot of trouble (its a very murky area legally). The rules for what constitutes a valid unpaid internship are very very very strict:

• The internship, even though it includes actual operation on the facilities of the employer, is similar to training which would be given in an educational environment;

• The internship experience is for the benefit of the intern, not the employer

• The intern does not displace regular employees, but works under close supervision of existing staff;

• The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;

• The intern is not necessarily entitled to a job at the conclusion of the internship; and

• The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship

Additionally, the USCIS has extra restriction on top of these already difficult restrictions. You cannot anticipate any benefit in the future from the work. For example, you cannot say to an employer: "Sure, I'll work for free while waiting on the EAD and then convert to paid afterwards". That would be considered deriving a benefit while you lacked an EAD and would be illegal. You also can't do any work on a free basis that would otherwise be for pay (that would fall under the Dept. of Labor restrictions as well). This includes both jobs and paid internships. Benefits can be wages, fringe benefits, a job offer etc. Basically, any understanding that you will gain something in the future would be considered a benefit and would make this unauthorized work. 

Edited July 14, 2017 by PedroDaGr8

[Mmagic 127]

Thank you, Pedro, for the information. I will not do an internship then since this sound as breaking the laws. Will just wait for the EAD which should be a matter of a month or two. But for now, I am submitting my resumes to companies with a heading informing them that I am not legal to work until I receive my work permit. 

[PedroDaGr8 245]

53 minutes ago, Mmagic said:

Thank you, Pedro, for the information. I will not do an internship then since this sound as breaking the laws. Will just wait for the EAD which should be a matter of a month or two. But for now, I am submitting my resumes to companies with a heading informing them that I am not legal to work until I receive my work permit. 

I would not discuss it until necessary. Better to let them decide this at a later date than scare them off from the get go. If you are a good candidate for them, they will be more willing to wait than they would be if they don't know you at all. You can even work to expedite your EAD if you get the job and the want you to start ASAP. 

[sweetadams 138]

On 7/14/2017 at 5:42 PM, PedroDaGr8 said:

I would not discuss it until necessary. Better to let them decide this at a later date than scare them off from the get go. If you are a good candidate for them, they will be more willing to wait than they would be if they don't know you at all. You can even work to expedite your EAD if you get the job and the want you to start ASAP. 

I totally agree with your point. he shouldn't scare the potential employers away. Just keep applying and when they conduct interviews, until the final stage or if asked, then he can explain he is waiting for his EAD/GC and some company recruitment process takes months to be completed. He would have ruled himself out of contention with that headline.

[Mmagic 127]

Although you guys have good points, you have to remember answering the question of "Are you legal to work in the USA?" Answering "Yes" would be considered lying. Answering "No" resume would not even be considered. Also, answering "YES" while at the same time companies are doing E-Verify on applicants is another issue. So, we have decided to just wait for the Employment Authorization and begin applying with confidence. 

 

Thanks guys for your input, appreciate it. 

[sweetadams 138]

5 minutes ago, Mmagic said:

Although you guys have good points, you have to remember answering the question of "Are you legal to work in the USA?" Answering "Yes" would be considered lying. Answering "No" resume would not even be considered. Also, answering "YES" while at the same time companies are doing E-Verify on applicants is another issue. So, we have decided to just wait for the Employment Authorization and begin applying with confidence. 

 

Thanks guys for your input, appreciate it. 

Waiting for the EAD is the best thing to do. Answering Yes is not lying because by the time you are being interviewed you can answer the question if asked. Most employer will do E-verification after you get the job not before. Answering No automatically disqualify you. My point is with recruitment usually don't happen fast. Before the process is complete, your EAD might have arrived, if by the chance the job wants you immediately, then you can use the offer letter to request for expedited service on your EAD. At least most employment gives you opportunity to pick a convenient start date