Unpaid internship position to permanent position

Hi All,

I just read a similar situation right below. But it's a little different, so please read through and please advise me through this.

I'm a recent graduate with a Bachelor of Design degree, looking forward to move to New York to pursue my career as a graphic designer.

I recently been offered with interviews by both paid & non-paid internship positions where both has the potentials to become a full-time permanent graphic designer position. (Thus this internship period is more like a probation period to see if I have the potentials to continue working at their studios.)

If I understood it correctly, a paid internship position (full-time) can apply to TN at the border with supporting documents.


But I was wondering what would happen if I were to take on the non-paid internship position. The internship period I believe may last for about a month to three months, however, if they see my potentials I can become a paid full-time employee.

In this case, do I still qualify for a TN status from the beginning if my prospective employer states about the possible status change from a non-paid to a paid position? Or do I have to apply for a J1 status first and then change to TN once I get hired for a full-time position. Which seems to be a much more rigorous process. (I'm also scared that the employer might disagree to sponsor me through the process it if it's too much of a hassle.)


Please help me out and let me know of the possibilities! I seek a better future from the non-paid position studio but I don't want to look for another job just because I couldn't get a visa on time.

Heyas:

I would stick with the TN-1 visa, regardless of whether the position starts off as unpaid and later becomes something more permanent. Having gone through the TN-1 process myself, I now think that it is by far the best solution to at least begin working (unpaid/paid) in the U.S. All you do is draft the letter for your employer (making sure to include the immigration/customs lingo), have them (your employer) print it on their company letterhead and sign it, then have it sent to you. Take that and any supporting documentation needed to validate your claim for a particular TN-1 profession to the border, and you'll be fine. Is a graphic designer one of the NAFTA professions? If not, you may have to think about a different visa. For myself, I'm an archivist, so I had to make the case that an archivist is similar to a Librarian (one of the listed professions). I got the suspicious eye from the customs officer at the border, but he eventually let me through. I think they're paid to create a sense of intimidation!

For the initial TN-1, I would make sure that your supporting documentation includes information on how you expect to support yourself while in the unpaid internship. This would be the only snag I can see in your particular case.

As for continuing on a more permanent basis, I agree with two of the responses I got to my scenario: either go back to the border and re-apply with a new letter outlining the MAX 1-year contract (paid) position being offered, the salary that accompanies it, and you should be fine. BUT you could probably also get away with staying in the same position with the same company - regardless of its new status as a paid position - for the duration of your original visa, then simply re-apply for a new TN-1 when the original one expires. THEN in the meanwhile, you can look into getting the company to sponsor you for a more official H-1B work visa (three year visa) while working in the position on your original TN-1.

If you need help with the TN-1 visa, I purchased a rather expensive PDF document that outlines in explicit detail how to manage every aspect of your Canadian to U.S. TN-1 visa. If you'd like a copy of it, I can send it to you through email. Just let me know.

Jonathan

OH yes and make sure that your employer's letter does NOT state anything about the possibility of the position becoming more permanent - the TN-1 visa is explicitly meant for 'temporary' work; the border staff doesn't need to know that there may be other plans for the position down the road; if anything, that will probably result in the visa being denied. OH and make sure to answer any questions at the border about your future plans by saying "I plan on returning to Canada after the internship ends" etc. Any hint that you intend on staying in the U.S. will probably end in a denial.

Hope that helps!

Jonathan