Volunteering For International Students: What You Need To Know

International students on the F-1 and J-1 visa programs are permitted to volunteer in the United States, but they must be aware of the differences between volunteering and unpaid employment to avoid violating any Department of Labor or immigration laws and regulations. According to the Department of Labor, a volunteer is an individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered. Volunteering opportunities can include serving lunch at a homeless shelter, walking dogs at an animal shelter, or organizing a youth group trip for a church. However, international students must be cautious, as some unpaid work may still be considered employment, and off-campus employment for F-1 or J-1 students must be authorized to avoid consequences such as the loss of legal immigration status.

F-1 and J-1 visa holders can volunteer

It is important to note that F-1 and J-1 visa holders must not receive any form of compensation, including non-monetary benefits such as free housing or food, as this may be considered remuneration and, therefore, employment. Additionally, any off-campus employment for F-1 or J-1 students must be authorized, and they must maintain their nonimmigrant student status by complying with Department of Homeland Security rules and regulations. Failure to do so may result in the loss of legal immigration status, possible deportation, and difficulties in obtaining a US visa in the future.

Unpaid internships, for example, do not usually qualify as "volunteer" activity, as internships are primarily offered by the private sector and are related to the intern's major field of study. F-1 and J-1 visa holders must also not volunteer in their academic field of study, as this may be considered unauthorized employment. For instance, a computer science major cannot volunteer with a software company.

Before participating in any volunteer opportunities, F-1 and J-1 visa holders should contact the International Student Office (ISO) to determine whether work authorization is necessary and to ensure they do not violate any US Department of Labor or US Federal visa and immigration laws and regulations. It is recommended that individuals request and retain documentation from the organization stating that their service is volunteer-based and meets all necessary criteria.

Volunteering vs unpaid internships

International students on the F-1 and J-1 visa programs need to be aware of the differences between volunteering and unpaid internships. While the desire to contribute and support is commendable, students must understand the relevant regulations to avoid violating any US Department of Labor or US Federal visa and immigration laws.

According to US labor laws, the distinction between employees and volunteers goes beyond the presence or absence of monetary compensation. Work that is unpaid may still be considered employment for F-1 or J-1 status holders. The US Department of Labor defines an "employee" as "an individual who provides services or labor for an employer in exchange for wages or other remuneration." The term "remuneration" encompasses a range of non-monetary benefits, such as housing, food, or gifts.

In contrast, a "volunteer," as defined by the Department of Labor, is "an individual who performs hours of service for civic, charitable, or humanitarian reasons, without the promise, expectation, or receipt of compensation for services rendered." To be considered a volunteer, the work must meet specific criteria: it must be performed for a non-profit organization with a public service, religious, or humanitarian objective, and it must not be the same service for which the individual was previously paid or expects to be paid in the future. Additionally, a volunteer should not displace a genuine employee or take on a role that would typically be a paid position. Examples of volunteer work include serving lunch at a homeless shelter, walking dogs at an animal shelter, or organizing a church youth group trip.

Unpaid internships, on the other hand, are typically offered by the private sector and are related to the intern's field of study. While students may engage in unpaid internships at for-profit organizations, these opportunities may not always qualify as "volunteer" activities. It is important to note that both the US Department of Labor and the immigration authorities are concerned with preventing the exploitation of workers and protecting jobs for US citizens. Therefore, students must ensure that any volunteer or unpaid work they undertake complies with the relevant regulations to maintain their legal status in the US.

Volunteering without work authorization

Volunteering is a great way for international students to get involved in their communities and support causes they care about. However, it's important to be aware of the regulations surrounding volunteering without work authorization to avoid any legal issues. Let's take a closer look at what international students need to know about volunteering without work authorization.

Understanding the Difference Between Volunteering and Unpaid Employment

A common misconception is that employees are paid while volunteers are not. However, this is not the only distinguishing factor. According to the U.S. Department of Labor, a volunteer is defined as "an individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered." In other words, volunteers donate their time without expecting anything in return, and the work is primarily for the benefit of the organization.

On the other hand, unpaid employment may still be considered employment for F-1 and J-1 visa holders. The definition of an employee in the context of immigration regulations includes those who provide services or labor for an employer in exchange for wages or other forms of remuneration, such as housing, food, or gifts. Therefore, simply being unpaid does not automatically qualify someone as a volunteer.

Regulations for F-1 and J-1 Students

F-1 and J-1 students can engage in volunteer work as long as it meets the criteria for volunteering. Examples of volunteer activities include serving lunch at a homeless shelter, organizing a church youth group trip, or volunteering at the American Red Cross. These students must ensure that any off-campus employment is authorized, as unauthorized work can lead to serious consequences, including loss of legal immigration status and possible deportation.

Seeking Guidance

If you are unsure whether a specific volunteer opportunity requires work authorization, it is recommended to seek guidance from the International Student Office (ISO) or consult with an immigration attorney. They can provide personalized advice based on your visa status and the nature of the volunteer work. Remember, it's always better to clarify any doubts before beginning a volunteer activity to ensure you stay compliant with immigration regulations.

Volunteering restrictions for international students

According to the U.S. Department of Labor, a volunteer is an "individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered." Volunteering, therefore, refers to donating time to an organization with a charitable or humanitarian purpose, without remuneration or any other type of compensation. This includes non-monetary benefits such as free housing, food, or gifts. The services provided by the volunteer should not be the same as those for which they were previously paid or expect to be paid in the future. Work at a for-profit entity, even if unpaid, is considered employment and must be authorized.

F-1 and J-1 students are generally free to engage in volunteer work as long as it meets the above criteria. Examples of volunteer work include serving lunch at a homeless shelter, walking dogs at an animal shelter, organizing a youth group trip for a church, or building a house for a humanitarian cause. However, any off-campus employment for F-1 or J-1 students must be authorized, and without proper work authorization, it would be considered a violation of their visa requirements, possibly resulting in the loss of legal immigration status and future visa complications.

Unpaid internships, on the other hand, do not usually qualify as "volunteer" activity. Internships, whether paid or unpaid, are often related to the intern's major field of study and are considered Curricular Practical Training (CPT). Students will need to seek approval for CPT in the case of unpaid internships.

In the UK, students with a student visitor visa will be able to volunteer but not undertake 'voluntary work'. Voluntary work often involves a contract with an employer, with set working hours and specific tasks, and voluntary workers may be remunerated in kind.

Documentation for volunteering

International students on the F-1 and J-1 visa programs need to be aware of the differences between volunteering and unpaid employment before getting involved. This is because the consequences of violating the rules can be severe, including the loss of legal immigration status in the US, possible deportation, and great difficulty in any future attempts to acquire a US visa.

According to the US Department of Labor, a volunteer is:

> "An individual who performs hours of service… for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered."

Volunteering must be for the benefit of the organization, not the individual. It must also be a role that an employer has not previously paid someone to fill, or will pay someone to fill in the future.

If you are participating in a volunteer opportunity, you may request documentation from the organization confirming that your service is volunteer-based. It is recommended that you retain this documentation for your records.

It is also recommended that students keep a record of the hours contributed per week while volunteering. This is because, when applying for future immigration benefits, the US government may request information and/or documents to demonstrate that they were performing a legitimate volunteer activity, as opposed to work for which they should have received compensation.

Frequently asked questions