Miami, FL asked in Immigration Law and Tax Law for Florida

Q: Can an international student who is taking a summer break in their country work for a company in their country?

How does that apply when it comes to working for a US Company that does Business both in the US and Brazil? What about a company that does business just in Brazil? Both positions are unpaid

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: The ability of an international student to work in their home country during summer break depends on several factors, including the student's visa status, the laws of their home country, and the policies of the company they wish to work for.

Regarding your specific questions:

1. Working for a US company that does business in both the US and Brazil:

If the work is being performed in Brazil and the student is being paid in Brazil, Brazilian labor laws would likely apply. However, the company may have its own policies regarding hiring international students. It's best to discuss this directly with the company.

2. Working for a company that does business only in Brazil:

In this case, Brazilian labor laws would apply. The student's ability to work would depend on their visa status and whether they are legally allowed to work in Brazil during their break.

Unpaid positions:

Unpaid internships or volunteer positions may have different rules compared to paid employment. However, it's important to note that in many countries, including Brazil, there are laws governing unpaid internships to ensure they provide educational value and are not used to replace paid employees.

In general, it's advisable for the student to:

1. Check their visa status and any restrictions on working in their home country.

2. Research the labor laws in their home country regarding international students and unpaid internships.

3. Discuss the opportunity with the company to understand their policies and ensure compliance with all relevant laws.

It's always best to consult with the international student office at their university and seek legal advice if needed to ensure compliance with all applicable laws and regulations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.