Savanna Hoffman
International students in the United States on F-1 and J-1 visas need to be aware of the differences between volunteering and unpaid employment to avoid violating visa and immigration laws and regulations. While an international student may accept unpaid work, the circumstances are very limited, and the work must meet strict criteria to be lawfully unpaid. For instance, if an individual is providing a beneficial service to an employer, they should be paid at least the federal minimum wage for their service. Students on an F-1 visa are generally allowed to work on-campus for up to 20 hours per week during classes and up to 40 hours per week when classes are not in session. Off-campus employment, on the other hand, is severely restricted and requires prior authorization.
| Characteristics | Values |
|---|---|
| International students in the United States | Need F-1 or J-1 work authorization even for unpaid work |
| F-1 students | May not work off-campus during the first academic year, but may accept on-campus employment |
| Can work on-campus for up to 20 hours per week during classes and up to 40 hours per week when classes are not in session | |
| Can engage in off-campus employment after the first academic year | |
| Must obtain official authorization for off-campus employment | |
| Must have a Social Security Number to get a job | |
| M-1 students | May engage in practical training only after they have completed their studies |
| Must have off-campus training employment authorized by a Designated School Official and USCIS | |
| Must have permission from DHS to apply for a Social Security Number | |
| OPT students | Must check with their unpaid employer's Human Resources office to ensure compliance with laws and policies |
| Must have approval from Human Resources to volunteer for a UNC Charlotte professor or Department post-graduation | |
| Should consider the long-term impacts of unpaid employment on future H1-B and green card applications | |
| Volunteering | Must be "properly 'volunteer' unpaid work" under DOL rules |
| Must be "truly volunteer services" for a charitable nonprofit organization | |
| Must not provide a beneficial service for the company or organization | |
| Must not shadow regular workers and provide an immediate advantage to the employer |
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What You'll Learn
- International students on F-1 visas may work on-campus for up to 20 hours per week during classes and 40 hours per week when classes are not in session
- F-1 students may not work off-campus during their first academic year
- F-1 students may engage in three types of off-campus employment after their first academic year
- F-1 students must obtain work authorization from the ISSO for paid or unpaid employment
- Unpaid internships can put international students at risk of violating their immigration status and deportation
International students on F-1 visas may work on-campus for up to 20 hours per week during classes and 40 hours per week when classes are not in session
International students on F-1 visas are subject to strict rules regarding employment in the United States. They may work on-campus for up to 20 hours per week during classes and up to 40 hours per week when classes are not in session. This opportunity is only available to full-time students with valid F-1 status.
On-campus employment is the category most freely permitted by USCIS regulations, and it does not require USCIS approval. However, F-1 students must obtain permission from the International Student Office before accepting on-campus employment, and it may not be permitted during their first semester or year. To get a job on campus, students need a Social Security Number (SSN).
Off-campus employment is only allowed under specific circumstances, such as Curricular Practical Training (CPT) or Optional Practical Training (OPT). CPT is training in a student's field of study for which they receive academic credit or which counts as part of their degree requirement. It may be a paid or unpaid internship, cooperative education job, practicum, or other experience related to their field of study. OPT allows students to work in areas related to their major for up to one year before or after graduation.
International students on F-1 visas need work authorization from the ISSO to undertake paid or unpaid employment. This includes volunteer work, which is only classified as such if it meets specific criteria. For example, the work must be similar to that given in a vocational school, and the employer must not derive an immediate advantage from the activities of the trainees.
Students on OPT may undertake unpaid employment as long as it relates to their field of study and does not violate any U.S. Department of Labor laws. However, they should carefully consider the potential impact on their future plans, as some USCIS officers may interpret unpaid employment on a resume as a violation, which could affect their H1-B and green card applications.
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F-1 students may not work off-campus during their first academic year
International students on the F-1 visa program need to be aware of the differences between volunteering and unpaid employment. This is to avoid possible violations of U.S. Department of Labor or U.S. Federal visa and immigration laws and regulations.
To work off-campus, F-1 students must meet eligibility requirements and obtain official authorization. Off-campus employment is only allowed in the following circumstances: Curricular Practical Training (CPT) and Optional Practical Training (OPT). CPT is employment that trains students in their field of study and for which they fulfill academic credit or part of their degree requirement. OPT is work authorization that allows students to work in areas related to their major for up to one year before or after graduation.
F-1 students must have remained enrolled for at least one academic year and be in good academic standing before being authorized for off-campus employment. They must also demonstrate that on-campus employment is unavailable or insufficient to meet their financial needs. To gain authorization, students must file a Form I-765, "Application for Employment Authorization," and pay a fee to USCIS. If approved, they will receive a Form I-766, "Employment Authorization Document," (EAD) and can begin working.
It is important to note that any off-campus employment, whether paid or unpaid, must be authorized before starting work. Working illegally can result in the loss of F-1 student status and the revocation of the F-1 visa.
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F-1 students may engage in three types of off-campus employment after their first academic year
International students on the F-1 visa program need to be aware of the differences between volunteering and unpaid employment to avoid possible violations of U.S. Department of Labor or U.S. Federal visa and immigration laws and regulations. While the key determinant of whether an internship is unpaid or paid is not whether the student is paid, international students may need proper F-1 work authorization even for unpaid work.
F-1 students may not work off-campus during their first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:
- Curricular Practical Training (CPT): CPT is employment that trains students in their field of study, and for which they fulfill academic credit or part of their degree requirement. CPT may be a paid or unpaid internship, cooperative education job, practicum, or other experience related to their field of study.
- Optional Practical Training (OPT): OPT is work authorization that allows students to work in areas related to their major for up to one year either before or after graduation. Students on 12-month OPT 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.
- Severe Economic Hardship: USCIS may authorize an F-1 student to work off-campus on a part-time basis if they can demonstrate that on-campus employment opportunities are insufficient or unavailable, and that off-campus work is necessary to avoid severe economic hardship.
It is important to note that any off-campus employment, whether paid or unpaid, must be authorized by the Designated School Official (DSO) and USCIS prior to starting work. F-1 students must also maintain their academic standing and ensure that their off-campus employment is related to their area of study.
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F-1 students must obtain work authorization from the ISSO for paid or unpaid employment
On-campus employment options depend on where the work is physically located and who the employer is. F-1 students may generally work on-campus without special authorization while attending school. However, if the work is to take place at an educationally affiliated off-site location, students must get the On-campus Work Authorization Form completed by the appropriate academic department and then submit it for approval.
Off-campus work authorization requires case-by-case approval from USCIS. Approval is not based on the student's choice of employer. On-campus employment at an off-campus location is available to all F-1 students except border commuter students. An F-1 student does not need USCIS approval for this, but the employment must be for an employer educationally affiliated with their school.
F-1 students must show an ability to afford the costs of school and living expenses before entering the United States and should not plan to work off-campus. USCIS will authorize off-campus employment only in cases of severe economic hardship occurring after a student's enrollment in an academic program and after the student has been in F-1 status for at least one full academic year, or in emergent circumstances as defined by the Department of Homeland Security (DHS).
Students who are not sure whether an opportunity is true volunteering or actually unpaid labor are advised to check with the ISSO prior to undertaking the activity.
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Unpaid internships can put international students at risk of violating their immigration status and deportation
Unpaid internships can pose significant risks for international students in the United States, potentially leading to violations of their immigration status and even deportation. The key factor is whether the internship is lawfully classified as "unpaid" or "volunteer" work under Department of Labor (DOL) rules.
International students on F-1 or J-1 visas generally require work authorization, even for unpaid internships. The exception is when the work is legitimately classified as "volunteer" under DOL guidelines. According to the DOL, a volunteer is an "individual who performs service" without expectation of compensation. This distinction is crucial, as simply being unpaid does not automatically make one a volunteer.
The DOL's six-factor test helps determine whether an individual is an employee or a volunteer. Factors include whether the training is similar to that of a vocational school, whether the employer derives immediate advantage from the intern's activities, and whether the intern is entitled to a job after the training. If all six factors apply, the intern is classified as a volunteer, and no work authorization is required. However, this test is challenging to apply in practice, and the line between "volunteer" and "employee" can be blurry.
If an international student engages in an internship that should have been paid, they risk violating their immigration status and facing deportation. This is because the work is considered unauthorized employment, even without pay. Therefore, it is imperative for international students to obtain proper work authorization for off-campus internships, even if they are unpaid, to avoid legal repercussions.
To summarize, unpaid internships can put international students at risk of violating their immigration status and deportation if the internships do not meet the strict criteria for being lawfully unpaid. International students should carefully evaluate their internship opportunities and consult legal counsel to ensure compliance with DOL rules and immigration regulations.
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Frequently asked questions
If an international student engages in unpaid work without proper work authorization, and the DOL or a court later determines that the work should have been paid, the student will have violated their immigration status and risks deportation.
According to the U.S. Department of Labor, a volunteer is an "individual who performs a service" without receiving payment. However, simply being unpaid does not necessarily make someone a volunteer. If an individual works under the direction and control of a company or organization and provides a beneficial service, they should be paid at least the federal minimum wage.
The F-1 Visa (Academic Student) allows non-citizens to enter the United States as a full-time student at an accredited college, university, school, or other academic institution. F-1 students may work on-campus for up to 20 hours per week during classes and up to 40 hours per week when classes are not in session. After the first academic year, they may also work off-campus under certain conditions.
Optional Practical Training (OPT) is work authorization that allows students to work in areas related to their major for up to one year before or after graduation. Students on OPT may undertake unpaid employment as long as it relates to their field of study and does not violate any U.S. Department of Labor laws.
