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The J1 visa is the preferred visa for events that have a fundraising requirement. However, we have been told that they can be very expensive as you have to find a U.S. sponsor. If you are a Summer Work Travel participant (J-1 visa) you may only work in jobs approved by your designated U.S. sponsor. 

There . There is an “intern” visa under J-1 which requires an intern to have been either currently enrolled in a post-secondary college/university pursuing a foreign degree/certificate outside the US or recently graduated from such an institute within 1 year.  

We also had a participant who had a J1 Visa  (this is an exchange student visa). With a J1 Visa and it was confirmed that they would be allowed to support raise for an internship program as an unpaid volunteer intern within the program.

There was also a participant whose J1 Visa was going to expire while she was attending the program so she had to apply for a different visa along the way. But, our immigration lawyers told us that she was allowed to raise support for the program without any problems up until 30 days after the date the J1 VISA expires.  At that point we would need to close the ability for donors to give to her as a solicitor of the event that she was raising support for.  

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An internship would be denied a B1/B2 visa . A B1/B2 Visa is a business visa.  Internships are viewed as “work” even if unpaid. People who intend to work in the U.S. (paid or unpaid) will need a visa and cannot do the waiver. If the participant was trying to attend an unpaid internship program, the participant would be subject to denial of entry attempt at the port of entry. The business visa says that you are coming from as selling company sponsored by the sending country to work and do business in the U.S. In other words, the foreign government is saying that this person is being supported by a company from the sending country to do business for the sending company in the U.S. 

However with a B1 visa, a participant could still participate in a missionary training program or program that does missionary work.. With those visa parameters it means participants are not allowed to raise support for their event through Reliant, but the program could have an event fee paid by the participant.  To clarify, they could participant in an event that they paid a fee for, but they could not raise any support with a fundraising event because they are supposed to be supported by the sending country company.  

Note that the B-1 visa is for a visitor for business and a B-2 visa is a visitor for pleasure.  You would need to state that your purpose is "business."

 

Our immigration lawyer found this clause amongst the approved purposes for the B-1, Business Visa is the following Foreign Affairs Manual provision: 

9 FAM 402.2-5(C)(1)  Ministers of Religion and Missionaries

Previous Location, 9 FAM 41.31 N9.1-3 Missionary Work 

“Members of religious denominations, whether ordained or not, entering the United States temporarily for the sole purpose of performing missionary work on behalf of a denomination, so long as the work does not involve the selling of articles or the solicitation or acceptance of donations and provided the minister will receive no salary or remuneration from U.S. sources other than allowance or other reimbursement for expenses incidental to the temporarystay.  “Missionary work” for this purpose may include religious instruction, aid to the elderly or needy, proselytizing, etc.  It does not include ordinary administrative work, nor should it be used as a substitute for ordinary labor for hire.”

 

So, with a B-1 Visa, a participant can attend a program (and pay a program fee) where they would be doing missionary work or attending missionary training. To re-emphasize, the program can NOT be an internship program under a B1 visa, as that term would be a red flag. 

Again, the participant would need to be a part of a program/event (not an internship) with an event fee (not fundraising/taking donations).

If the participant did need to personally fundraise to cover the program fee, the participant can do that before or after the program back in their home country soliciting funds own their own (given directly to them), but they could not do that during the program while in the U.S.

The participant is allowed to write update letters about their experiences or prayer requests during the program with their prayer support team, but could not solicit support in those letters while in the U.S.


If the program is less than 90 days, the applicant could apply for the ESTA waiver which is essentially a short term B1 Visa.


ESTA waiver

Info

ESTA is sometimes referred to as a “visa waiver”. However, it is not really a waiver. It is an extension of the B-1 visa. All the B-1 rules still apply because of this our immigration lawyer said the ESTA Visa Waiver is also not for internships. The ESTA waiver visa is basically a short term B1 Visa.

When the applicant is approved, a B-1 visa imprint it not required because the intended stay is for 90 days or less.  ESTA entry is limited to 90 days for the same purposes as approvable in the B-1 visa for Business purposes.  The person seeking ESTA entry should have a return ticket scheduled for 89 days from the entry or shorter period of time.   When applying you would provide the purpose again as “business”.

An ESTA Visa must follow the same rules as a B1-visa. Internships (paid or volunteer) are not allowed under this visa. So, if the participant is attending an event that has a fee (the program does not fundraise/receive donations) then they can apply for an ESTA waiver.

It is highly recommended that the church/ministry should provide a formal Letter of Invitation for the participant to present when entering the US.  This Letter should clearly state that:

  • The program is for missionary training purposes
  • The letter should summarize the activities of the program to follow as closely as possible the permitted activities of the B-1 missionary. 
  • the letter should use the term “missionary” at least once in it
  • The letter should state that the participant will NOT be fundraising and will not be paid.

The letter should focus on the activities the participant will be engaging in such as training, religious study, outreach, mentoring, relationship building, character development, participating in church meetings, participating in worship and church activities, and other such religious oriented activities. 

Again, this is a waiver for those visiting the US for under 90 days (which is typically just used for tourists or those applying for a longer B-1 Visa).

The following are relevant postings from other consular posts concerning ESTA not for internship.  

-Some people use ESTA for a short unpaid internship, but if truthfully disclosed at a port of entry, there is a risk of denial of entry. 

-An internship? Even if you stay less than 90 days, these activities are considered work and require the appropriate visa. Visa Waiver Program travelers entering the United States with ESTA authorization are not allowed to work. If you are a Summer Work Travel participant (J-1 visa) you may only work in jobs approved by your designated U.S. sponsor.  Informal  Informal arrangements to work in exchange for lodging or meals are also considered unauthorized employment and are not permitted for tourists.

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