While it might seem simple to say, “I’m not getting paid, so I must be volunteering,” the truth is that volunteering can be a complicated issue for international students because of immigration and labor laws.
If you are an F-1 or J-1 student, any off-campus work must be authorized. Without proper work authorization, even unpaid work could be considered a violation of your visa status. This could lead to serious consequences, including:
Losing your legal immigration status in the U.S.
Possible deportation by the Department of Homeland Security
Trouble getting a U.S. visa in the future
Many people think it’s just about getting paid—but that’s not true. Under U.S. labor laws, some unpaid work can still count as employment, especially if it involves regular responsibilities that someone would normally be paid for.
That’s why it’s important to check with International Student Services (ISS) before volunteering or accepting any kind of unpaid opportunity off-campus. They can help you understand what is allowed and how to stay within the rules.
Presence in the U.S. +
Providing a service +
Receiving remuneration
_____________________________
= Employment
Remuneration or compensation is not restricted to money. Other examples also include free meals, free entry tickets, free merchandise, transportation, etc.
Volunteering refers to donating time with an organization whose primary purpose is charitable or humanitarian in nature, without remuneration or any other type of compensation.
Humanitarian purposes, for example:
Food pantry
Animal shelter
Red Cross
Not in exchange for something or compensated
The volunteer cannot displace a genuine employee
The services provided by the volunteer should not be the same services for which he or she was previously paid and/or expects to be hired and paid for in the future
Unpaid internships do not qualify
F-1 and J-1 students are free to engage in volunteer work as long as it meets the above criteria.
Some students think they are volunteering when they are actually an unpaid employee. Unpaid employees must have authorization.
Although unpaid employees do not receive money for their work, they can be considered an employee because:
[ ] Official position or job title
[ ] Working for a for-profit or private company
[ ] Work is not for humanitarian purposes
[ ] The employer benefits from the work