B2, J1, other?

April 7, 2007 7:11 AM

Does anyone have any experience with a B2 visa to the US from Germany?

I am an American and I am trying to assist a friend to come and stay with me stateside for preferably at least 1 year.

She has been offered a non-paying teaching internship at a local high school. Now I just have to figure out how I can get her to stay here legally.

I will financially support said friend.

Does a B2 seem like a reasonable choice here? She has also been looking at the J1.

Is the default length of a B2 6 months? Can this be extended or renewed?

How difficult is it to prove binding ties and such to one's home country to qualify for a B2?

Any other thoughts, ideas, visa suggestions or experiences are greatly appreciated.

posted by Slenny to travel & transportation (7 comments total)

I don't think a B2 is a reasonable option here. The B2 allows one to come here to transact business, not to actually work in the US.

Is this an internship through a university? If so, maybe your friend can arrange an F1 or J1 visa through a US school. Then, it should be kosher to take a non-paying internship.
posted by reenum at 7:24 AM on April 7, 2007

My understanding is that the B2 allows one to be here as a tourist, regardless of what she does while here. (save working obviously)

No this is not through her university. This is just an unpaid position she was offered here, and an opportunity for us to spend a little time together that also gives her something to do.
posted by Slenny at 7:40 AM on April 7, 2007

Not a lawyer, but my partner was on a H1-B until his green card came through. I believe that even an unpaid internship (or voluntering) is seen as work by the government. My advice is to get a good immigration lawyer, especially if there's a chance she might like to stay longer than the initial year.
posted by roger ackroyd at 8:53 AM on April 7, 2007

Yes, but an internship is seen as work for immigration purposes.

Is there any way for the school here to arrange the internship through a university? That way, your friend can come here on a student visa. It will keep her on the right side of the USCIS.

H-1B is not a viable option for this year. The cap for FY 2007 has already been met. Plus. an H-1B is only for paid jobs, since the sponsoring employer needs to guarantee payment of the prevailing wage for the position offered.
posted by reenum at 10:10 AM on April 7, 2007

To answer a couple of your other questions:

A B1/B2 is technically valid for one year. But, the alien cannot be present in the US for more than six months consecutively. So, if she comes on a B1/B2, she will have to leave for a few weeks around the six month mark, and then maybe can come back. According to the rules, you cannot just go to Canada or Mexico for a day or two in the sixth month of your stay here. The departure must be for a period of time that would make it reasonable to assume that any subsequent return is for a different purpose. If that doesn't make sense, please message me, and I'll try to do a better job.

J1 is a student visa, so if she came here on that, she would need a sponsoring university.

As for how hard it is to get a B1/B2 from Germany, if she tells the embassy she is coming for an unpaid internshipo, they will not grant her the visa. B1/B2 is for tourism or a short visit for the transaction of business. An internship doesn't fit into either category. She also should not lie about her purpose, because misrepresentation of intent to enter the US is a big no-no and can lead to a ban on travel to the US for her.

Please take all the above advice as general in nature. I am an immigration attorney, but this is not legal advice. If you want to get her here the right way, you need to consult with an immigration attorney in your area rather than MeFi.
posted by reenum at 10:21 AM on April 7, 2007

reenum: "J1 is a student visa, so if she came here on that, she would need a sponsoring university."

No, it's not. It's actually an internship visa, and sounds like exactly what she needs. It doesn't cost the employer anything, either - they just have to fill out some paperwork with training plans etc.

http://www.ciee.org/
posted by loiseau at 1:03 PM on April 18, 2007

A J-1 exchange visitor classification is exactly what your friend needs. Your friend will have to get sponsorship from a State Department approved J-1 program (like CIEE).

The J-1 is not a "student" classification though exchange students are often classified as J-1's because they are participating in exchange programs.
posted by Pollomacho at 11:02 AM on May 4, 2007