Volunteering

Many international students are interested in volunteering their time during their stay in the United States. Volunteering may take a number of forms, such as helping out in a food bank, a nonprofit like Habitat for Humanity, or another charitable project. Some students may be interested in volunteering in a company in their field to gain some real-world experience. While the issue of volunteering may seem clear (“I’m not getting paid, therefore I am not working”), it is actually a complex area in which immigration regulations and labor law intersect. Some of these activities are legally acceptable, and some are not.  

If you are interested in volunteering, you must be aware of the relevant regulations so that you do not violate these regulations by accident, which could result in major consequences for unauthorized employment. Continue reading below for more information to help determine if an activity is truly volunteering or engaging in unpaid employment. 

Volunteering Guidelines 

When considering volunteering, ask these questions first: 

1. Are the services performed for civic, charitable, or humanitarian purposes? 
2. Are the services entirely voluntary, with no direct or indirect pressure by the employer, with no promise of advancement and no penalty for not volunteering? 
3. Does the proposed service impair the employment opportunities of others by performing work that would otherwise be performed by paid employees? Are the services provided the same as services provided by someone who is paid? 
4. Is there any expectation of compensation either now or in the future for these services? (Gift card, wages, cash, etc.) 
5. Are fundraising activities involved, such as selling art or food? 
6. Are the activities within your professional expertise? 

You should be able to answer “yes” to questions 1 and 2, and “no” to questions 3-6. If not, it is likely that the proposed volunteer activity is unpaid employment and could subject both you and the employer to heavy penalties. However, if such an activity meets the requirements for student employment or academic training, you can still apply for authorization through those routes.  

You must consult your EVS advisor before you begin any volunteering that may fall within your professional expertise, even for charitable purposes. If you could list an activity on your resume, or if you are unsure if something qualifies as volunteering, consult EVS. 

If an exchange visitor violates these regulations, even accidentally, they may lose J-1 visa status or face other serious immigration penalties. 

For more information, please contact EVS.