Grumio91

Hi,

I have an internship confirmed at a theatre company in New York, and was hoping someone would be able to help me out a little in the visa process.

I have looked at the US embassy website, rang them and emailed them and to say I am a little confused is a bit of an understatement.

Basically, it would be great to find out exactly what visa I would need. I thought it might be a J-1, but the bit about the exchange visitor programme confused me. I also tried to fill out a DS-160 form for that and it wanted a SEVIS number and program number, which I don't have.

Any help would be much appreciated!

Thanks

Duncan Roberts

The theatre company in New York needs to be involved, this isn't something you are able to do on your own. They should know what visa is appropriate for what they are offering. However, it might be a case of them not having a clue, offering you the position but there not being any way you can actually take the position because there is no visa available for it. Side note. The US embassy isn't there to help you and the people who work there aren't required to know the law so they are a pretty poor place to look for advice.

Grumio91

Ah cool - OK, so I should be talking to them about visa, right.. It seems like they have no clue, so its not looking good.

Also, I only looked there because a friend who is currently in the US doing an internship told me that was the place to go. You live and learn.

Pulaski

How long is the internship, and is it paid?

Grumio91

Hi,

Its from now (I didn't get much notice..) until Dec 15th, so if I put it off until their next round, which I'm thinking of doing, it will be three months long. And its not paid.

Thanks

Bootle

Actually the theatre company doesn't get involved in the application. It is likely that they just didn't inquire about visa status. A lot of internships will take on J-1's and then it is up to the intern to get it approved through their J-1 sponsor.

jxv73

If it is not paid, and other interns in the program are never paid, then this could possibly be done under visitor (B) status. The closest match I can find is 9 FAM N 13.7. The key thing would be to avoid the use of the word "internship" which may be confusing. You may not even need a visa for this (if you qualify for the VWP and spend less than 90 days in the US).

Grumio91

What's a 9 FAM N 13.7? Sorry - I've never done this before!

Also, I looked into just going on a tourist visa waiver, but if you are training you have to have an appropriate visa for it. I have filled out the DS-160 form, am I heading in the right direction? Also I got stuck at the SEVIS bit..

jxv73

Here. http://www.state.gov/documents/organization/87206.pdf Google works wonders. Look at page 24.

The DS-160 is appropriate if you want to apply for a visa. I wonder if you even have to. The SEVIS number would be provided by a J-1 sponsor working with you - but this is for internships. I suggest what you plan on doing could fall within the Department of State's definiton of "amateur performance".

Grumio91

Ah OK - I won't be a performer, but working in production and marketing. Is the DS - 190 different in some way? But otherwise the B-1 does seem to cover it still, I certainly don't intend to stay in the US.. Sorry for all the questions, but I finally feel like I am getting somewhere..

jxv73

If you are British, applying for a B-1 visa instead of using the VWP may be a very risky move.

Pulaski

+1 Agreed. You are unlikely to have a B-1 visa approved, but in any case anything you can do on a B-1 visa you can do under the VWP, but your maximum stay is 90 days. Staying longer, even a day, has profound consequences!

jeffreyhy

Yes, especially if the period of the stay will be only 3 months - 90 days to be more precise - as the OP indicated. However, if the project will be longer than 90 days, and that can be documented, then I think that apllying for a B-1 is both necessary and not so risky as the usual tourist applying for a B-2. The necessary period of stay clearly indicates that use of the VWP is inappropriate and a B-1 visa is required.

Regards, JEff

Grumio91

By the time I get over there it will be under 90 days.. Does that change things?

Thank you for all the clarification, by the way..

crg

From the description provided, this internship is not something that can be done on the VWP or as B regardless of if it is paid or not. Its not a charity benefiting the community and it is more than just observing. J-1 would be more like it.