Intership without a visa?

[DeleteMePlease]

Hey all!

 

I will spend my summer as a research intern in the US. As the intership is less than 90days and I don't get paid, my professor told me to use the visa waiver. First they tried to apply for a J-1 Visa but that didn't work as I don't have a bachelors degree yet. F-1 is also out of the question as I don't study there but just do some research work...

Now, I am a little worried. How strict is the US immigration system? The worst case I could imagine is that I do something wrong now and don't get a visa next year because of that when I want to return as a Ph.D student. However, I think that the internship will be a huge bonus for my Ph.D. application.

Is an unpaid intern considered an employee? In Germany interns are not considered employees but there are countries in the EU where they are.

 

What do you guys think?

 

Thanks!

[Arcanen]

First they tried to apply for a J-1 Visa but that didn't work as I don't have a bachelors degree yet

 

This isn't the reason you couldn't get a J-1. I studied abroad in the US during undergrad before I was awarded my bachelors, and I was on a J-1. You should inquire as to the actual reason "it didn't work". It may be that they didn't try because they (incorrectly!) assumed you could intern without a visa and didn't want the hassle.

 

Because you DO need a visa for an unpaid internship (or to do research). http://travel.state.gov/pdf/BusinessVisa.pdf (see page 2; you need a H or a J visa). It doesn't matter if you get in under the internship or research category, because you can't do an unpaid internship OR perform research that will benefit the US institution (which your research internship would).It is my impression that H visas are much harder to get than J visas, so you may be out of luck (though still look into it). If you are able to get them to consider a J visa again, make absolutely sure that you don't get slammed with the "2 year home residency requirement", because that could easily destroy your US education and career aspirations also.

 

Now, I am a little worried. How strict is the US immigration system? The worst case I could imagine is that I do something wrong now and don't get a visa next year because of that when I want to return as a Ph.D student

 

Umm, VERY. If you get caught doing an internship on a visa-waiver or visitor visa, you will most definitely get yourself blacklisted such that you can't return for PhD study.

 

However, I think that the internship will be a huge bonus for my Ph.D. application.

 

Either get them to try again with the visa, or do a research internship in the EU. Under no circumstances should you go to the US to do an internship without a visa.

Edited June 9, 2013 by Arcanen

[DeleteMePlease]

Thanks for your help.

 

I went to the international office of my (german) university and they suggested to apply for a visa via an external company. I will also get some financial support

[TakeruK]

Did you talk to the International Office at your host (US) university, or did you only talk to the professors you would be working with? The International Office staff are experts trained to work with foreign scholars to get the right paperwork, while professors are not.