Volunteering In The Us: Opportunities For International Students

Volunteering is an integral part of American culture, and international students can participate in this aspect of US life. International students on F-1, J-1, or M-1 visas can volunteer in the US, but they must comply with the Department of Homeland Security's rules and regulations. Students on F-1 or M-1 visas can volunteer at non-profit organisations with charitable or humanitarian objectives, but they cannot receive any taxable income for their volunteering activities. Those on a B visa cannot engage in volunteer work unless they are participating in a voluntary service program that benefits local communities and can establish a commitment to a specific religious or non-profit charitable organisation. Additionally, international students with disabilities have volunteered in their host communities, and some organisations provide limited support to volunteers.

F-1 and J-1 visa holders can volunteer without work authorization

International students on F-1 and J-1 visa programs need to be aware of the differences between volunteering and unpaid employment. This is because, in the US, simply being an unpaid worker does not necessarily make you a volunteer. According to the US Department of Labor, a volunteer is an "individual who performs service… for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered".

F-1 and J-1 students are free to engage in volunteer work as long as it meets the criteria for volunteering. For example, it would be okay to volunteer at a local homeless shelter, charitable food pantry, or American Red Cross. However, unpaid internships rarely qualify as "volunteer" activity. This is because internships, whether paid or unpaid, are primarily offered by the private sector and are related to the intern's major field of study.

Work that is unpaid may still be considered employment for F-1 or J-1 status holders. According to the Department of Labor, the definition of an "employee" in the context of immigration regulations is "an individual who provides services or labor for an employer for wages or other remuneration". The term "remuneration" is very broad and includes non-monetary benefits, such as free housing, food, or gifts.

F-1 and J-1 students must have appropriate work authorization to undertake most other work, whether they will be paid or not. This is because the US Department of Labor is concerned with protecting jobs for US citizens and preventing the exploitation of workers.

Volunteering vs unpaid employment

International students on the F-1 and J-1 visa programs are permitted to volunteer in the US. However, they must be aware of the differences between volunteering and unpaid employment to avoid violating any US Department of Labor or US Federal visa and immigration laws and regulations.

Volunteering vs. Unpaid Employment

Definition of a Volunteer

According to the US Department of Labor, a volunteer 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.”"

Volunteering refers to donating time to an organisation whose primary purpose is charitable or humanitarian in nature, without remuneration. The services provided by the volunteer should not be the same as those for which they were previously paid or expect to be paid for in the future. Volunteers perform services for a non-profit organisation for a public service, religious, or humanitarian objective. Examples of volunteer work include serving lunch at a homeless shelter, walking dogs at an animal shelter, or organising a youth group trip for a church.

Definition of an Employee

An employee, in the context of immigration regulations, is defined as:

> "An individual who provides services or labor for an employer for wages or other remuneration."

The term "remuneration" is broad and includes non-monetary benefits, such as free housing, food, or gifts. Work at a for-profit entity is considered employment and must be paid. The only exception is for training programs where the trainee functions like an employee but is under close supervision and does not displace a paid employee.

Unpaid Internships

Unpaid internships do not usually qualify as "volunteer" activity. Internships are primarily offered by the private sector and are related to the intern's major field of study. The US Department of Labor has created laws to prevent the exploitation of workers and ensure that employment that should be paid is not done for free.

Implications for International Students

F-1 and J-1 students can volunteer without work authorisation as long as their activities meet the definition of volunteering. However, any off-campus employment for these students must be authorised, or it may result in the loss of legal immigration status and possible deportation. OPT students should check with their unpaid employer's Human Resources office to ensure compliance with all laws and policies.

In conclusion, while volunteering and unpaid employment may seem similar, there are important distinctions to be aware of, especially for international students in the US who must navigate labour laws and immigration regulations.

Work authorization and employment visas

International students on F-1 and J-1 visas are permitted to volunteer without work authorization as long as their activities meet the definition of volunteering. However, it is important to note that simply being unpaid does not make someone a volunteer. According to the U.S. Department of Labor, a volunteer is someone who performs a service without receiving compensation or any other type of remuneration. The Department of Labor considers several factors to determine whether an individual is a true volunteer, including whether the entity benefiting from the volunteer's services is a nonprofit organization.

F-1 and J-1 students must have appropriate work authorization to undertake most other types of work, whether paid or unpaid. Students on 12-month OPT, for example, may undertake unpaid employment as long as the work relates to their field of study and does not violate any U.S. Department of Labor laws. Students on CPT are allowed to engage in internships related to their program of study, while Academic Training (AT) provides off-campus employment authorization for international students in J-1 visa status to gain work experience within their program of study.

To avoid engaging in illegal employment and falling out of status, students should meet with their immigration advisors before beginning any employment. Students who are unsure whether an opportunity is true volunteering or unpaid labor should check with the ISSO or OGS prior to undertaking the activity. It is also recommended that students consult with OGS when considering engaging in an unpaid internship.

In the case of off-campus employment, international students must receive employment authorization from ISS, USCIS, or ICE prior to starting work. USCIS will authorize off-campus employment only in cases of severe economic hardship occurring after a student's enrollment or in emergent circumstances as defined by the Department of Homeland Security (DHS). The off-campus employment authorization ends one year after issuance or upon completion of the program, whichever comes first.

To work in the United States, nonimmigrants typically require a prospective employer to file a petition with USCIS on their behalf. If already in the United States, individuals must comply with all conditions of their employment authorization and the terms of their admission to the country. Violating any of these conditions could result in removal or denied re-entry into the United States.

Volunteering at non-profit organizations

Volunteering is highly valued in the United States, and international students can take part in this culture of giving back to the community. However, it is important to exercise caution and be aware of the relevant F-1 and J-1 regulations to ensure that neither the student nor the organisation violates any rules regarding employment authorisation.

The US Department of Labor defines volunteers as:

> "Individuals who volunteer or donate their services, usually on a part-time basis, for public service, religious or humanitarian objectives, not as employees and without contemplation of pay, are not considered employees of the religious, charitable or similar non-profit organisations that receive their service."

F-1 and J-1 students are allowed to engage in volunteer work as long as it meets the above criteria. For example, it is permitted for F-1 and J-1 students to volunteer at a local homeless shelter, charitable food pantry, or American Red Cross.

International students can also volunteer in fields closely related to their field of study by applying for Curricular Practical Training (CPT) or Pre-completion Optional Practical Training (OPT). However, formal volunteer activities for non-profit entities that are not related to a course of study will not require authorisation. Examples include the American Red Cross, the Humane Society, Habitat for Humanity, and the Boys and Girls Club of America.

There are many benefits to volunteering, including gaining career experience and skills, as well as helping promote a good cause. It is a great way to enhance your global perspective and cultural sensitivity. Some organisations, such as Global Volunteers, offer international student volunteer programs that focus on children and families, allowing students to teach conversational English, math, nutrition, and disease prevention, among other things.

When considering volunteering, it is important to ask about the organisation's policies towards non-US citizens and people with disabilities. Most organisations that seek volunteers are non-profit agencies and do not have the funds to pay volunteers or sponsor visas.

Volunteering opportunities for international students

International students in the US on F-1 and J-1 visa programs can volunteer, but they must be aware of the differences between volunteering and unpaid employment. This is because immigration regulations and labour laws intersect in this area. Volunteering is defined as donating time to an organisation whose primary purpose is charitable or humanitarian, without remuneration. According to the US Department of Labor, a volunteer is:

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

F-1 and J-1 students are permitted to volunteer without work authorisation as long as their activities meet the definition of volunteering. Volunteering opportunities include serving lunch at a homeless shelter, walking dogs at an animal shelter, or building a house for an organisation like Habitat for Humanity. Students can also create and register their own projects on websites like serve.gov.

However, F-1 and J-1 students must have appropriate work authorisation to undertake most other work, whether they will be paid or not. Unpaid internships, for example, do not usually qualify as "volunteer" activity and require work authorisation. This is because internships are primarily offered by the private sector and are related to the intern's field of study. Students should consult their university's international office or an advisor before beginning any volunteer work to ensure they do not violate any laws and participate in unauthorised employment.

Frequently asked questions