Understanding the Difference: Employee vs. Volunteer

A common misconception is that the only difference between an employee and a volunteer is that employees get paid while volunteers do not. But it's a bit more nuanced than that. According to the U.S. Department of Labor, a volunteer is someone who offers their services for civic, charitable, or humanitarian reasons without expecting any compensation. Moreover, a volunteer should not replace a paid employee or take on a role that would typically be a paid position. So, you can't "work for free" in a job that would normally be paid.

What Counts as Volunteering?

Volunteering is all about contributing to public service, religious, or humanitarian causes. Think of activities like serving meals for Meals on Wheels, walking dogs at the local animal shelter, organizing a youth group trip for your church, or building homes with Habitat for Humanity. These are great examples of true volunteer work because people are never paid for these roles. As an F-1 or J-1 student, you can participate in these activities without work authorization.

Paid (or Unpaid) Employment

On the other hand, most other types of work, whether paid or unpaid, are considered employment. For these activities, F-1 and J-1 students must have the proper work authorization. The U.S. Department of Labor has rules to prevent worker exploitation and to protect jobs for U.S. citizens. Even if you're eager to gain experience by working in a lab for free, it might be seen as unfair if the role is typically a paid one and benefits both you and the employer. 

Unpaid Employment While on OPT

If you're on 12-month OPT, you can engage in unpaid employment as long as it relates to your field of study and complies with labor laws. It's a good idea to check with your employer’s Human Resources office to ensure everything is in line with the rules. If you plan to volunteer for a professor or department post-graduation, make sure to get approval from the university's Human Resources.

Consequences of Unauthorized Employment

Keep in mind that any off-campus employment, whether paid or unpaid, must be authorized before you start. Without proper authorization, you risk violating your F-1 or J-1 status, which could lead to losing your legal immigration status, possible deportation, and difficulties in obtaining future U.S. visas. Remember, all it takes is one USCIS officer to interpret unpaid employment on your resume as a violation to potentially disrupt your plans.

When in Doubt, Ask!

If you're unsure whether an opportunity is genuine volunteering or actually unpaid labor, it's always best to check with the OISVS before getting involved. We’re here to help you navigate this rather complex area!