Can students with J1 visa working as housekeepers in Florida?
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I have a Russian friend who wants to work in Florida next year. She found a job as a housekeeper/janitor at a hotel. Well, an American friend of hers said either said that 1) college students (American and foreign) are not allowed to work in the housekeeping industry in Florida or that 2) foreigners with J1 Visas aren't allowed to work in the housekeeping industry in Florida. I couldn't quite understand what she was saying, which is why I don't know if she was meaning to say situation #1 or situation #2. I'm a Floridian, but I went to college in a different state. Still, I told her that that doesn't sound right. She wants to know where she can find Florida state laws regarding what industries she is allowed to work in during her stay. I know that you can access Florida laws on-line at: http://www.leg.state.fl.us/Statutes/index.cfm?Tab=statutes&submenu=-1&CFID=237007887&CFTOKEN=53798592 But, I don’t know what specific laws would address this. I would think that the federal government would be in charge of what type of jobs you are allowed to work with a J-1 and not any particular state. But, I’m not a lawyer or anyone with experience with this situation. However, I’ve seen housekeeping jobs for people with J-1 visas advertised on-line. FYI, I’ve seen the following J-1 visa jobs listed on the main federal J-1 Visa site (http://j1visa.state.gov/): • Au pair • Camp counselor • College and University student • Government Visitor • Intern • International Visitor • Physician • Professor and Research scholar • Secondary school scholar • Short-term scholar • Specialist • Summer Work Travel • Teacher • Trainee I’m assuming that she will be under the “Summer Work Travel” category, & the site only lists the following exceptions: “Participants cannot be placed: • In any position in the adult entertainment industry; • In sales positions that require participant to purchase inventory that they must sell in order to support themselves; • In domestic help positions in private homes (e.g. child care, elder care, gardener, chauffeur); • As pedicab or rolling chair drivers or operators; • As operators of vehicles or vessels that carry passengers for hire and/or for which commercial drivers licenses are required; • In any position related to clinical care that involved patient contact; and • In any position that could bring notoriety or disrepute to the Exchange Visitor Program. “ Can anyone guide me to any laws that address what she is talking about?? Or am I correct in assuming that the state has nothing to do with these type of labor laws (and only the federal government)???
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Answer:
Well, she can only get a J1 visa through an organization. Those visas are typically for 2-3 months only. If she herself found a job at a hotel the hotel needs to sponsor her for a visa. The hotel will not be able to sponsor her for a J1, but an H2B visa. In order to sponsor her for an H2B visa, the hotel needs to show that they can't find any US citizen for the Job. Maybe possible if the hotel is in a fairly remote location with a lot of people coming for a tourist season and not many people living there year round.
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