B1 for intern with company outside US but training in US

[lauramint 0]

(I am still a student and will return back to study after my intern.) I just got a 4 months intern with a company located outside US (sorry I can't disclose more details,but should be a country on sort of whitelist). The employer asked me to go to US for a 4 months training straight. I think it will involve some sort of work, but considering I do not have any experience most of the content will still be training (probably...). They will pay me from the foreign company.

Is it ok to enter US with my B1 Visa? Is this considered as business? The company told me its perfectly legal to do this and other people did it as well but I not so sure.

And there is no other option. I will either go with B1 or give up this opportunity (I really want it tho, perfectly matches my major and has potential to be my future company after graduation). Also, this opportunty is introduced by someone my family know.

Here is my concerns

1) This is a 4 month internship offer paid by a foreign company, but I will go US straight for a 4 month training which is kinda wired to explain.

2) If any sort of work is involved, although mainly will be training, will there be any legal issue for me?

3) What should I say at the port of entry? training? but I am just a temporary employee for that company and will go back to school instead of work after training is that convincing？(I dont want to say I am just here for traveling for other sort of ...you know...)

Thank you in advance!!

Edited April 12, 2017 by lauramint

[Coco8 1,042]

If you read what you are allowed to do with a B1 visa here: https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor , 

 

it says: "Participating in short-term training" is allowed.  So you should say that.

 

It might be useful to have a letter from your company saying that they are paying for your trip and that you will be doing some short term training. I would take this letter in case they ask for it when you go through immigration at that the airport. You can just even show it when they ask you why are you traveling to the US. 

 

You should not say you will be doing work. You are not working to work, just training. You are not allowed to work so you should not do any work. You can get in serious trouble. It sounds weird that as an intern they will send you to train for the whole time you will be with the company. That could be a red flag. I would be suspicious if I were you.

 

You might want to practice some potential answers you can give at the port of entry. Language and being tired from the plane could make you give a wrong answer by mistake. Like, why are you here? Who is paying for this? What are going to train in? Where are you staying? 

 

 

Edited April 12, 2017 by Coco8

[geowrian 22,338]

While certainly possible to be longer, most B-1 visas only permit a period of stay of 3 months or less. CPB will determine the period of stay upon entry. A B-1 permits short-term training. but you cannot perform any productive work in the US under a B-1 visa. By "productive work", that means activities that result in sales, production/distribution of a product, etc. Basically, the purpose needs to be to teach you a skill/trade (even if it's only usable within that company), not to help them with their business activities.

 

That said, it sounds really unusual to me for a company to provide this kind of extended training to a brand new employee who they know will return to studying afterwards. Essentially, what I'm trying to get at is "what is the benefit to the company for offering this training?" That question may be very difficult to answer to a CO or CBP officer...the assumption being that the company is expecting something in return for providing your training while in the US (i.e. work).

 

If there is any actual work being performed, then that would be in violation of your status and it could jeopardize your stay or any future travel to the US.

 

Tell the CBP officer the truth to whatever he asks. If you're going for training then tell the officer "training". Half-truths and non-truths are just going to make things much, much more difficult. And they know how to probe when somebody isn't providing the full truth.

 

There is no "whitelist".

 

Good luck!

[MacUK 983]

4 hours ago, lauramint said:

The company told me its perfectly legal to do this and other people did it as well but I not so sure.

 

I don't know why but I always worry when I hear about companies saying things like "other people did it as well"

[Teddy B 17,252]

I'm kind of curious as to why a company outside the US would be sending someone to intern inside the US.