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KJLLAW
KJLLAW, Attorney
Category: Business Law
Satisfied Customers: 740
Experience:  Attorney at Law Office of KJLLAW
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I own a LLC company and want to re an unpaid intern. I do

Customer Question

Hello,I own a LLC company and want to hire an unpaid intern. I do not have any employees as all the work is outsourced.
Is it allowed for me/company to hire unpaid intern? I do not intend to get work done from the intern. Its mostly to help her out to maintain employed status on F1 Visa. I will provide her training in her field of study.What documentation/legal paperwork do we need? Apart from offer letter, timesheet logs do we need anything else. Does the company need to report this to IRS or any other legal entity? Does the company need to give 1099 or any other similar document?
Submitted: 8 months ago.
Category: Business Law
Expert:  KJLLAW replied 8 months ago.
Good morning.
If you would like to hire a student who is on an F-1 and the
internship is not directly tied to the academic program or ineligible for academic
credit, your intern must use the option of Optional Practical
Training (OPT). OPT is a more involved and time-consuming than on campus jobs,
due to the simple fact that approval must be obtained
from USCIS. OPT is also often used by international
students staying in the United States after graduation and prior
to obtaining an H1-B visa. OPT may be used pre or post graduation for up
to 12 months of full-time employment.I hope this helps with your question.
Customer: replied 8 months ago.
Hi,I need a bit more clarification on this.1)What all paperwork and responsibilities/ (legal work need to be done) have to be taken care of, on my part to hire an unpaid intern, who is on F-i Visa and currently on OPT ?2) Also, do I need to submit any document to USCIS, like updating my unpaid intern's information ?3) As, the company provide W2 to its employers? Do, I need to provide my unpaid intern with any document like W2 or similar document , as a proof of employment?4) What legal formalities have to be done on my part for hiring an unpaid intern, who is on F-i Visa and currently on OPT?It would be really great if I could get answers for all the four questions above?
Customer: replied 8 months ago.
Thanks :)
Expert:  KJLLAW replied 8 months ago.

Good afternoon.

The reporting requirement by the the U.S. Department of Homeland Security (DHS) requires that the student who is in F-1 status, who has been granted Optional Practical Training employment authorization through the school, to report the location of the OPT experience, including name and address of their OPT employer or organization.

The student is required to report this information to DHS through the Student and Exchange Visitor Information System (SEVIS), and must be reported by the start date of their OPT, not you.

The obligation to report this information is on the student, and failure to report OPT activity/employment information to the school and SEVIS could be considered a violation of the F-1 immigration status by the Department of Homeland Security. You do not have to provide any W-2 or other employment documents because they are not employees.

Expert:  KJLLAW replied 8 months ago.

if you have any other questions please just ask. if you are satisfied with the response and assistance, please rate the question.

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