MarDae

This is my last post for today, I promise

Since it looks like my fiance won't be able to work legally for quite some time and he has an employer who wants to hire him...would it be okay for him to start working without getting paid?

It would be more voluntary than anything else and he'd get no benefits, salary, etc. It would just get him in and trained a while and used to the new job so that when the busy season hits (it's a seasonal industry) which will be around the same time he would get his EAD he wouldn't be starting out from scratch. Just wondering if this is okay since it looks like other types of volunteering are okay. He doesn't want to do anything that's not by the books. (At this point he just wants to get out of the house during the day and with other people).

Thanks in advance,
MarDae

sibsie

From everything I've read on it, no it's not ok.

It's one thing to do voluntary work for a charitable organisation. Another thing entirely do do unpaid work for which one would normally get paid.

MarDae

Any other opinions? If this truly isn't okay then he won't do it. We've gone too far doing everything we've been asked to jeopardize it. I think he'd be happy to just hang out there even if he wasn't doing work, unpaid or otherwise.

MarDae

DCMark

This is just an anecdote, not advice!

We had an immigration lawyer almost hire my then girlfriend under the same type of thing. She would be unpaid until the work permit came through and then she would get a BIG bonus.

That was totally illegal and never worked out anyway.

sibsie

I'll try and dig out my notes on it and send them to you in a PM. Sorry you're having a rough time of it so far.

MarDae

Thanks!

bequibar

Why is it illegal?

He won't be getting paid, I thought that was the issue...

What's the problem with an internship, unpaid job or volunteering?

(I am just curious)

sibsie

If it's a job for which you would normally be paid then it crosses the line of voluntary work.

DCMark

If you are referring to my post, I meant the scenario that happened to us, not your bf.

Essentially they were going to have her work but not get paid until she had her work permit. They would defer the paycheck until then. That is very illegal.

MarDae

We were thinking more along the lines of him working gratus (did I spell that right?) until it was legal for him to work. He'd benefit by getting out of the house and doing something he enjoys, and they'd benefit by having him get trained and acquainted with the facility and other staff before it gets busy. Right now having something worthwhile to do to fill his days is more important than money.

MarDae

Noorah101

One glitch might have to do with him being on-site but not being a legal employee. If anything should happen to him on the job, he couldn't file for workman's comp or any benefits. I'm not sure how that would apply to someone who is just hanging out there, but if he shows up for 8 hours a day, 5 days a week, for several weeks, it might look fishy if an investigation arises. Just stating a worse-case scenario, and don't know if it holds water or not.

I hope he can do something constructive while he's here...I know the feeling that he's just wasting valuable time when he could be working is frustrating.

Best Wishes!
Rene

MarDae

Those are very good points and definitely something to consider. Luckily he'll be covered by my health insurance as soon as we're married and I'm sure the facility would have to have some kind of insurance if one of their clients were to get injured there. Probably due to the circumstances he wouldn't be there 8 hours a day 5 days a week...it would probably be more of a haphazard stop by when the boss is on sight to train...more like once or twice a week. Who knows. Thanks for bringing those things up.

MarDae

bequibar

It wouldn't be unlike an internship then... are internships illegal without EADs?

As I understand it, he won't get paid with a heft bonus when he finally goes on the payroll.
He'll just finally be hired when he's legally allowed to... no?

Aren't we k1ers able to work (albeit employers aren't able to hire us)? He'd be working but he wouldn't be hired...

ccalgreen

As a K-1, you are entitled to work, but the bastard is proving it - the only official forms of proof are the work-authorized I-94 or an EAD. I toyed with the same idea of possibly working for free while I was under threat of being out of work authorization between the end of my K-1 and when I received my 1-year EAD, but I was told flat that being an employee of any kind would be illegal.

From the employer's point of view, anyone conducting work on their behalf would be considered an employee, and the employer would have to file an I-9 (stating what proof of authorization they had verified). In addition to Noorah's point, if the employer was ever sued or had criminal charges filed against them because of the actions of the illegal worker, they would be taken to the wall. It's just too risky for the employer (although WalMart, the largest company in the US, seemed to manage it until very recently).

I wonder what happens if the employee is the employer (i.e. they're self employed)? What verification do they need to show? I remember that in the UK, there was some loophole whereby some of my friends from Commonwealth countries were brought over by recruitment agencies, which helped them find work by setting them up as independent contracting companies with only one employee. Is there anything similar in the US?