Unpaid Volunteer Work on H-1B, H-4, F-1 or Similar Visas

A very common question by the holders of visas which have employment restrictions is, “Can I engage in unpaid volunteer work under my visa?”   We deal with this question on a daily basis when we are asked by clients whether someone who is in the U.S. (on a status which does not allow employment) can be a volunteer.

Obviously, the answer to this question depends on a number of factors including,  most importantly, the visa type and the status of the person who is seeking to engage in a volunteer work.   For example, an H-1B holder is authorized to work for the H-1B sponsor employer (or employers — if there are more than one) but the H-1B worker is not allowed to do any work for any other employer.  Similarly, students on F-1 (who do not have a valid work permit – OPT, CPT) are not allowed to work for any employer (with certain very limited exceptions for work on campus).

Volunteer Work is Not License to Do Any Work

The answer to the question whether volunteer work is permitted depends on the type of unpaid volunteer work one is seeking to perform.   The regulations state in broad terms that unauthorized work is prohibited.   But to distinguish whether volunteer work is unauthorized, it is helpful to understand the government’s motives in setting up this regime.  The USCIS’s goal is to prevent foreign nationals who have employment restrictions in engaging in work which could give them an advantage over U.S. citizens or which could drive down Americans’ wages or benefits. Therefore, it is not permitted to volunteer for a productive position which is usually paid. The rationale is that if you are offering to work without a pay in a job which would otherwise be filled by an American who would be paid, then you are subverting the employment authorization system’s goals and undercutting Americans’ job prospects and wages.

However, if the volunteer work you are seeking is for a true volunteer position then volunteering and working without pay would be legal.  For example, volunteering at a non-for-profit organization such as a museum, a fire-station, a school or a church where there is no general expectation of compensation,  or employment may be okay.

Conclusion

As a general rule of thumb, one should look at whether Americans would perform the same job without pay and under similar circumstances and if the answer is “yes,” then a foreign national in an employment-restricted status can volunteer and work without pay.

We should point out that any time there is any doubt as to whether a specific engagement as a volunteer may or may not be considered “work” we suggest consultation with us or another attorney who can go into the particular visa circumstances and the details of the proposed volunteer assignment.      We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments.