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| Only the US government can issue work visas. Organizations like Reliant can't issue that so they would need to obtain the appropriate US work visas on their own and then present a copy to Reliant. |
Here are a few examples of past scenarios of types of visas to help for the future
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We had one of the McLean interns that had originally applied to go.reliant.org to be employed by Reliant and we had told him that Reliant is a US employer who employs US citizens and those who already have the right to work in the US. It is outside of our current capacities to assist foreign nationals in obtaining the right to work in the US. So therefore he could not be employed as an intern with Reliant.
However he had told us that as a student he was applying for a CPT (an off-campus employment option for F-1 Students when the practical training is an integral part of the established curriculum or academic program). He told us that the CPT employment is defined as alternative work/stud, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school. After talking to our immigration lawyers we were told that he could become an unpaid volunteer intern with Mclean and fundraise for the event.
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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. 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.
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We also had a participant who had a J1 Visa (this is an exchange student visa). With a J1 Visa they would be allowed to support raise for the event as an unpaid volunteer intern with the Mclean Activate Program. However, her J1 Visa was going to expire while she was attending the program. 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. |
B1/B2 Business visa
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In her case she was switching to a B1/B2 Visa after the J1 visa expired. A B1/B2 Visa is a business visa. 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. With those visa parameters it means participants are not allowed to raise support for their event through Reliant. They could participant in an event that they paid a fee for, but they could not raise any support for it because they are being supported by the sending country company. |
ESTA Visa Waiver
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This is a waiver for those visiting the US for under 90 days. However, our immigration lawyer said the ESTA Visa Waiver is not for internship which is 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. The following are relevant postings from other consular posts concerning ESTA not for internship. Regardless of this information, 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 arrangements to work in exchange for lodging or meals are also considered unauthorized employment and are not permitted for tourists. |
CPT visa
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We had one of the McLean interns that had originally applied to go.reliant.org to be employed by Reliant and we had told him that Reliant is a US employer who employs US citizens and those who already have the right to work in the US. It is outside of our current capacities to assist foreign nationals in obtaining the right to work in the US. So therefore he could not be employed as an intern with Reliant. However he had told us that as a student he was applying for a CPT (an off-campus employment option for F-1 Students when the practical training is an integral part of the established curriculum or academic program). He told us that the CPT employment is defined as alternative work/stud, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school. After talking to our immigration lawyers we were told that he could become an unpaid volunteer intern with Mclean and fundraise for the event. Our immigration lawyer said that he could participate in the McLean volunteer activate intern program (since he is not hired or paid by us in that program), but we would need a CPT (Curricular Practical Training) authorization from his school to participate in the Reliant/McLean unpaid internship program as distinguishable from purely voluntary activities this summer before we could accept him into the program. |
