Paid Internships: A Reality For International Students?

International students can do internships in the US, and many do so every year. However, it is important to note that the US government tightly regulates the employment of foreign nationals, and the process of securing an internship as an international student can be complex. The type of visa and work authorization required will depend on the specifics of the internship, including whether it is paid or unpaid, and full-time or part-time. F-1 and J-1 visas are the most common for international students seeking internships in the US, but there are specific rules and criteria that must be followed to remain in compliance with US immigration and labor laws.

Can international students be paid for internships?

Visa requirements for international students

International students can undertake internships in the US, and these can be paid or unpaid. However, it is important to be aware of the visa requirements and regulations around internships for international students. The type of visa needed will depend on the student's status and the nature of the internship.

F-1 Visa:

International students already studying in the US on an F-1 visa can undertake internships, but they must ensure they have proper work authorization. This includes either Curricular Practical Training (CPT) or Optional Practical Training (OPT). CPT is a degree-related internship, while OPT can be unrelated to the student's degree. OPT internships require approval from the US Citizenship and Immigration Services. Both CPT and OPT internships can be paid or unpaid, but students must apply for authorization and receive an updated I-20 form before starting. The F-1 visa typically allows students to work up to 20 hours per week during their internship, depending on their specific visa conditions.

J-1 Visa:

The J-1 visa is for students entering the US solely for an internship or exchange program. This includes both the J-1 intern visa and the J-1 trainee visa. To qualify for the J-1 intern visa, students must be currently enrolled in a full-time degree program or have graduated within the past 12 months. The J-1 visa encourages participants to return to their home countries after completing their programs to apply their gained skills and knowledge locally. The J-1 visa has specific eligibility criteria and documentation requirements that must be met, and participants must be evaluated at the conclusion of the program.

It is important to note that the visa process can be tedious and intimidating, and students should carefully review the requirements and regulations to ensure they comply with the terms of their visa. Additionally, international students should be aware of the rules regarding unpaid internships. If an internship is considered “unpaid” under Department of Labor (DOL) rules, it is not considered employment, and students do not need work authorization. However, if an internship is misclassified as unpaid when it should be paid, students risk violating their immigration status and may face deportation.

Paid internships and career prospects

Paid internships are a great way for international students to gain valuable work experience and get a glimpse of what it's like to have a permanent job. These internships can provide a competitive advantage when it comes to job offers and can be an excellent option for those with a clearly defined career path. In the US, international students can explore dedicated employment sites like LinkedIn and Handshake, which offer a range of paid and unpaid internships.

When considering a paid internship, it's essential to understand the legal requirements, especially for international students. In the US, the Department of Labor (DOL) has rules governing unpaid internships, and these must comply with the "wage" requirements of the Fair Labor Standards Act (FLSA). While there are limited circumstances where an internship can be lawfully unpaid, international students engaging in such programs without proper work authorization risk violating their immigration status and even deportation if the internship is later deemed to be paid employment. Therefore, it is crucial for international students to ensure they have the necessary authorization, such as F-1 Optional Practical Training (OPT) or Curricular Practical Training (CPT), before undertaking any internship, paid or unpaid.

The availability of paid internships can vary depending on factors such as the industry, the specific company, and the competition for roles. Typically, internships in industries like finance and technology are more likely to be paid, as are those with a higher scope of work and specific responsibilities. Paid internships often provide more structured learning opportunities, allowing interns to develop specialized skills and gain valuable industry connections.

When applying for paid internships, international students should be aware of any visa restrictions on their working hours. Additionally, they should carefully review the requirements and customize their applications to highlight their suitability for the role. It is also beneficial to build a compelling profile on professional networking platforms like LinkedIn, which is widely used by major companies for internship recruitment.

Unpaid internships and legal implications

Unpaid internships are legal in the United States, but they come with ethical and legal challenges. The law states that unpaid interns cannot be used as a replacement for paid workers. The intern must be learning on the job, and the internship must be tied to their academic program. Unpaid internships are generally permissible for public sector and non-profit charitable organizations, where the intern volunteers without expecting compensation.

International students can engage in unpaid internships, but they must be careful to ensure that the internship is properly classified as "unpaid" under the Department of Labor (DOL) rules. If an internship is properly unpaid, it is not considered "employment," and the student does not need to be "employment authorized." However, if an unpaid internship is determined to be paid employment, international students risk violating their immigration status and may face deportation.

The Fair Labor Standards Act (FLSA) prevents the exploitation of workers by requiring employers to pay wages for work performed. Unpaid internships must meet strict criteria to be lawfully unpaid, and for-profit companies with unpaid interns may still be violating labor laws. The FLSA exempts volunteers who perform services for government agencies or humanitarian purposes for non-profit organizations.

While unpaid internships can provide valuable learning opportunities, they also have moral implications. They may negatively impact social and economic mobility, particularly for lower-income students who cannot afford to work for free. Additionally, companies may face legal consequences for missteps in employing unpaid interns.

In summary, unpaid internships for international students in the United States must comply with DOL rules and the FLSA to avoid legal and immigration complications. While they offer learning experiences, the ethical implications of unpaid internships, including the potential impact on social and economic mobility, cannot be overlooked.

Work authorisation and F-1 or J-1 visas

Whether an international student in F-1 or J-1 status requires work authorization is not determined by whether the internship is paid or unpaid. An international student may need proper F-1 or J-1 work authorization even for unpaid work. Only if the work is properly "volunteer" unpaid work under DOL rules can the international student perform the work without proper work authorization.

The Fair Labor Standards Act (FLSA) prevents the exploitation of workers by requiring employers to pay wages for work performed by workers. There are circumstances where an employer can have interns or trainees work without pay, but those circumstances are very limited, and the internship must meet very strict criteria to be lawfully unpaid. For instance, an individual can provide truly volunteer services for a charitable nonprofit organization.

F-1 students have three main employment-related guidelines:

• They may work at any qualifying on-campus job that does not displace a U.S. citizen or LPR.
• They may work up to 20 hours per week while school is in session (full-time during those periods when school is not in session or during the annual vacation).
• They should report their work and receive a certification letter to present to the Social Security Administration to be able to receive a Social Security number.

F-1 students can continue on-campus employment if they finish a program and start another program of study at the same campus, as long as they plan to enroll in the new program for the next term. They may also work for a contractually affiliated company, such as a school bookstore, because it provides services to students. However, they cannot work for a company contracting with the school for something other than student services. For example, an F-1 student cannot work for a construction company, even if the job site is on campus.

Eligible students in F-1 visa status may apply for an employment authorization card (EAD) in their degree field valid for up to one year. This authorization is called Optional Practical Training (OPT). The F-1 student must work with their international students' office to submit an I-765 Application for Employment Authorization to U.S. Citizenship and Immigration Services (USCIS) to obtain the EAD. The student remains in F-1 student status for the duration of the EAD and will have a 60-day grace period when it ends.

The J-1 classification (exchange visitors) is authorized for those intending to participate in an approved program for teaching, instructing, lecturing, studying, researching, etc. J-1 non-immigrants are sponsored by an exchange program designated by the U.S. Department of State. These programs are designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and science. Graduates in the J-1 "student" category may be eligible for a period of Academic Training employment authorization at the conclusion of their degree program. Academic Training must be authorized in writing by a Responsible Officer (RO) or Alternate Responsible Officer (ARO) in the international office at the university where the student is graduating. To obtain a J-1 visa, a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, must be submitted.

Finding internships through networking

Networking is an incredibly useful tool when looking for an internship. There are many ways to network and find internships, and it can be beneficial to keep an open mind and step out of your comfort zone. Here are some tips for finding internships through networking:

Utilize your existing network

Your existing network of connections can be a powerful resource for finding internships. This includes your parents' acquaintances, family members, former colleagues, professors, and friends. Don't be afraid to reach out and ask for introductions to other people in their network. You can also keep in touch with colleagues from previous internships, bosses from summer jobs, and teachers, as they may know of potential internship opportunities.

Join campus organizations and clubs

Consider joining campus organizations and clubs related to your areas of interest. These groups often have connections to companies and organizations that offer internships. By getting involved, you can learn about internship opportunities and make valuable connections.

Attend conferences and events

Many conferences and events related to your field of interest will accept student volunteers. This can be a great way to gain exposure to industry professionals and learn about potential internship opportunities. For example, you could help with booth setup, room setup, or picking up lunch for attendees. After your shift, you can usually participate in conference activities and network with other attendees.

Use social media and professional networking sites

Platforms like LinkedIn can be excellent tools for finding internships and making professional connections. Ensure your profile is up-to-date and professional, and don't be afraid to engage with people and companies you're interested in. You can also use social media to research companies and stay up-to-date with their latest announcements. This can be a great way to demonstrate your interest and knowledge of the company when you apply for internships.

Prepare an elevator pitch

When networking, it's essential to have a brief summary of your career trajectory and goals. Prepare a 1-2 minute pitch that highlights your skills, areas of study, and short-term and long-term objectives. This will help you make a strong impression and allow others to better understand how they can help you.

Follow up and stay in touch

After making a connection, remember to follow up and stay in touch. Set calendar reminders to check in with your contacts and share relevant updates or congratulations on their achievements. This will show that you are attentive and genuinely interested in their work.

Remember that networking is a valuable tool at any career stage, and it can significantly increase your chances of finding the right internship. Don't be afraid to put yourself out there and make meaningful connections!

Frequently asked questions