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Foreign Student - Internship
Legal Forum
Foreign Student - Internship
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Any legal ramifications we should look out for if we are considering having a foreign intern on board unpaid?
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Forums » Topic Forums » Legal Forum » Foreign Student - Internship
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Foreign Student - Internship
posted at 6/11/2009 9:14 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
You didn't say what type of VISA they have or what the working/school relationship is. Generally a J-1 visa is required. the individual must be a full time university student. there are restrictions to length and type of work allowed.
Other visa's amy apply as well. |
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Foreign Student - Internship
posted at 6/11/2009 10:52 AM EDT
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Posts: 16
First: 7/26/2007 Last: 9/14/2011 |
What I have is an internship agreement between the school the intern is attending and our company. It states 30 hours a week/7 weeks. No renumeration is indicated unless the intern exceeds the time frame and in that case a "bonus" is mentioned. |
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Foreign Student - Internship
posted at 6/11/2009 11:41 AM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
I am not well versed in this, but I understand some of the work permits can cause the company to spend significant legal dollars to jump through the various authorization hoops, even for an unpaid position.
I would make sure that if you go this direction, you protect yourself from this hidden cost by requiring the intern to pay for everything related to the permit. |
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Foreign Student - Internship
posted at 6/12/2009 5:06 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I have to agree with the other three...either situation (1) a VISA or (2) an unpaid internship come with very strict standards. Mixing the two makes it even stickier. I would get very good legal counsel with research into both areas prior to agreeing to this. |
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Foreign Student - Internship
posted at 6/17/2009 10:22 AM EDT
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Posts: 186
First: 4/23/2001 Last: 4/14/2010 |
We use this organization to help us avoid the problems you mention - http://www.ciee.org/. We have 2-5 european "unpaid" interns in our facility each semester. We have signed agreements between the schools, interns, and us. The student is responsible (with help from their school and CIEE) for obtaining the VISA and getting here and back. We provide a food stipend and housing. We have had this program for 20 years without incident (well, except for the company car one of them wrecked, but that's another story!). |
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