What visa does an Australian need to complete an unpaid internship in New York?
I am struggling to work out the appropriate visa to apply for. My situation is as follows:
- I am an Australian citizen.
- I am currently completing my Masters of Social work in Australia as a full-time student.
- A compulsory part of the degree is a 500 hour (over 3 months) unpaid placement within an organisation.
- I am planning to complete this in New York with a non-profit organisation that has indicated their willingness to take me on for 500 hours as required by my Australian university.
What is the correct visa to apply for as I will not be engaged with any American university (student visa) nor will I be a paid worker of the organisation (working visa)?
Best Answer
Your purpose may fit under a J-1 visa:
The J-1 Visa provides countless opportunities for international candidates looking to travel and gain experience in the United States. The multifaceted programs enable foreign nationals to come to the U.S. to teach, study, conduct research, demonstrate special skills or receive on the job training for periods ranging from a few weeks to several years.
because you're undergoing training as part of your degree.
The problem is that the program requires a sponsor who works with various employers and companies to place people. You might take a look at agencies local to your proposed organization, contact them and see if the sponsor would be able to get the employer certified to host a j-1 person. For instance, there's an American Australian Association in New York City. They even say that you don't have to have job when you arrive in the US. It would be more expensive than a B-1/B-2: US$840.
Pictures about "What visa does an Australian need to complete an unpaid internship in New York?"
Do you need US visa for unpaid internship?
Even if your internship is unpaid and/or short term, such as under 90 days, you will always need to apply for a J-1 Visa with a designated U.S. sponsor organization. You may be denied entry at the border if you attempt to enter the U.S. on ESTA in order to do an internship.What visa do I need to do an internship in the USA?
A J-1 Exchange Visitor visa is required if you are planning an internship or traineeship in the USA. It entitles its holder to participate in exchange programs in the USA. These include internships, trainee positions and high school stays.Can you have unpaid interns in New York?
Unpaid internships are legal if the intern is the \u201cprimary beneficiary\u201d of the arrangement as determined by the seven-point primary beneficiary test. If an employer is the primary beneficiary, the intern is considered an employee under the Fair Labor Standards Act and entitled to at least minimum wage.Can you do an unpaid internship on a student visa?
If a foreign student engages in an unpaid internship without proper work authorization, and the DOL or a court later determines that the internship should have been paid employment, the foreign student will have violated immigration status and risks deportation.What are unpaid internships costing us? | Peter Bateman | TEDxMonashUniversity
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Max Vakhtbovych, Samson Katt, Samson Katt, E M