While the issue of volunteering may seem simple- “I’m not getting paid, so that means I am volunteering”- it is actually a complex area where immigration regulations and labor laws intersect. If you are interested in volunteering, you must be aware of the relevant regulations so that you do not violate any laws and participate in unauthorized employment.
If you are an international student in F-1 or J-1 status, please remember that any off campus employment for F-1 or J-1 students must be authorized! Without proper work authorization, off campus employment would be considered a violation of your F-1 or J-1 requirements. The consequences would most likely include loss of legal immigration status in the U.S., possible deportation by the U.S. Department of Homeland Security, and great difficulty in any future attempts to acquire a visa to enter the U.S.
What is the difference between an employee and a volunteer? A common misconception is that the only difference is employees get paid and volunteers do not.
According to U.S. labor laws, there is more to distinguish between employees and volunteers than whether an individual receives a regular paycheck. Work that is unpaid may still be considered employment for F-1 or J-1 status holders.
Presence in the U.S. +
Providing a service +
Receiving remuneration
= Employment
Remuneration or compensation is not restricted to money. Other examples also include free meals, free entry tickets, free merchandise, transportation, etc.
Volunteering refers to donating time with an organization whose primary purpose is charitable or humanitarian in nature, without remuneration or any other type of compensation.