limeynus

Question for all you immigration boffins:

We have a client that has locations in Germany and US, they are bringing over an Intern from their German location to their US location and have asked us if we can have her work on their account with us for a couple of weeks over the summer - what Visa should she be arriving on? Would it be a J visa?

We are a small company and I handle some of the HR stuff and want to make sure everything is above board.

Thanks!

Noorah101

Either that or an L-1 intercompany transfer?

Rene

limeynus

Thanks Rene! I don't think it's a L-1 as it sounds like she is coming for the summer and will be participating in a "10 week internship program".

I'll have to wait and see what my colleagues find out!

But Thanks for confirming my thoughts!

Dawn

S Folinsky

I'm no longer in practice, but if I was I would want to know some more details. I wonder if this might fit within the B-1 perhaps. Maybe so, maybe not. The J visa needs an authorized sponsor -- depends on the facts again.

Interesting question.

crg

B in lieu of H may work for a professional within a company, but B in this context only allows observing a commercial enterprise and only if the person pays all of their own expenses.

I suspect someone is setting this intern up to violate the VWP unless a SEVIS approved entity is handling the DS-2019.

Pulaski

Sounds like it is within the scope of a "business meeting with a client" to me, and therefore well within a B1/B2 or VWP. As Steve said more details would be required to be sure, but I bet that many businesses have shoe-horn more blatantly "wrong" activities into a VWP visit than is being contemplated here.

crg

9 FAM 41.31 N10.4-2 sums it up nicely. A B1 can observe only and only if paying all of their own expenses. If not, they need an L, H or J.

If they allowed foreign interns to come over and contribute to the function of a commercial enterprise and call it "business" you'd get a golf course owner in Texas with 100 "interns" coming over to landscape the golf course and call it business.

There are some exceptions for UN interns, medical clerkship, and honoraria.

ian-mstm

That last one sounds like some sort of STD!

Ian

crg

Or something you get after eating at an unclean restaurant...

Pulaski

As with other visas, it's all in the wording and the presentation. If you show up and say "I'm an intern here to work for two weeks", there's a good chance that the CBP immigration officer will send you back (though I wouldn't even certain of that), but if you say "I've come to meet a supplier/client, discuss plans and details of a project", that is entirely allowable and you'd be stamped in without a second thought. If you're on business, look "professional" and are only staying for two-three weeks with a return ticket, the CBP officer is unlikely to even think much about further questioning, much less sending you back.

crg

I'm really hoping that this forum isn't turning into a focus group to help international travelers get their bull**** stories straight.

The actual activity must be within the scope of B1/WB to be lawful.

How the activity is explained is irrelevant when determining if the activity is permitted without work authorization.

The OP appears honest and prudent. The responses should be made accordingly.

Pulaski

Tell that to Mr Folinsky, who has said on a number of occasions that whether activity fits under a certain visa depends on how it is explained and documented.

There is no statutory definition of what a "business meeting" is, nor a "meeting with a client", nor a "client project conference" nor any other form of interaction between someone travelling for "business purposes" meeting with a business contact in the US. There are thousands of possible descriptions of activities that are permissible, and I am NOT advocating breaking the law, but I am pointing out that the OP should not shoot themselves in the foot by using wording that puts the visitor outside what is permissible when that may not necessarily be the case. As the esteemed Mr Folinsky often says, "a legal consultation may be in order".

[I'm done! ]

limeynus

Hi all,

Thanks for all your insights!

Unfortunately I don't have any more info than I presented - that was what was given to me, and as an after thought!

I suspect that some of you might be right and that a visa hasn't been obtained. At this stage of the game there's not much I can do but advise my boss it's bad idea! However, doing this favor for the client, would score us "brownie points" so not sure how much he'd take my input to heart!

But I do appreciate all the comments/info from everyone!

Dawn

Noorah101

Stuart.

Rene

S Folinsky

BTW, in the "B" arena, the DOS regulations and the FAM are not necessarily in sync with the DHS interpretations.