While waiting for EAD(Pre OPT), Volunteer work Option

[thakar 0]

Hi,

I have applied for full time Pre OPT (EAD, I 765). I have offer & have tried to expedite but it's not possible, need to wait more than one month, company has immediate requirement.

Is there any immigration rule on which student can work as a volunteer. I don't mind to work as an volunteer, but I am not sure company will allow me to work or not as volunteer and it's legal. M

Is there any legal option on which I can ask for volunteer job, after EAD approval I'll join as an intern

[Tim/Mav 305]

To my understanding. You can Volunteer as a unpaid person. (Not Employee)

The problem with this is that even though free or charge of your services. If you got injured in anyway, the company could (would) be liable. (on the Job ot job related)

Insurance 101. Though that sounds extreme, it depends on the Company.

[aaron2020 11,651]

Hi,

I have applied for full time Pre OPT (EAD, I 765). I have offer & have tried to expedite but it's not possible, need to wait more than one month, company has immediate requirement.

Is there any immigration rule on which student can work as a volunteer. I don't mind to work as an volunteer, but I am not sure company will allow me to work or not as volunteer and it's legal. M

Is there any legal option on which I can ask for volunteer job, after EAD approval I'll join as an intern

You cannot volunteer to work in a position that normally is a paid job. By volunteering, you would deprive a person authorized to work of a paid position. Furthermore, the employer would be able to get out of paying a person authorized to work by taking you on as an unpaid volunteer.

http://www.usavisanow.com/h-1b-visa/h1b-visa-resources/uscis-views-on-volunteering/

USCIS Views on Volunteering

The following describes the U.S. Citizenship and Immigration Service (USCIS) interpretation of the concept of “work” versus “volunteering”.

A foreign national cannot perform work as a volunteer in a position that would normally be a paid position or if the foreign national believes that some form of compensation will follow.

The U.S. Citizenship and Immigration Service (USCIC) views such volunteering as “work” and requires proper employment authorization issued by that agency.

This specifically includes volunteering by a foreign national for a trial period leading up to compensated employment.

(A)n applicant for a change of status may not offer his or her services to a prospective employer, even on a volunteer basis.

The employment is unauthorized as long as the alien derives any benefit from it. (Lawrence J. Weinig, INS Deputy Assistant Commissioner for Adjudications, 66 NO. 19 Interpreter Releases 539).

In addition, the volunteer rule may give rise to a number of potential abuses.

For example, may an employer lawfully suggest to an alien that he or she should do a period of “volunteer” work while the employer is deciding whether or not to file a non-immigrant visa petition or a labor certification application?

USCIS has indicated that an applicant for change in non-immigrant status could not offer his or her services to a prospective employer on a “volunteer” basis.

USCIS has stated that: “if any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment.” (89-05 Immigr. Briefings 1).

Volunteer services for a prospective employer constitute unauthorized employment if the alien will ultimately derive some benefit from the work.

The ultimate question in most volunteer cases will be: What did the alien expect in return?

If he or she expected compensation, reward, or future benefit, then the volunteer work probably violates status. (95-05 Immigr. Briefings 1).

Many community-based and student based organizations offer opportunities for volunteering.

As long as no compensation is involved, and the opportunity is officially advertised as a volunteer position, the foreign national may participate.

http://www.laborimmigration.com/2008/02/unpaid-volunteer-work-on-h-1b-h-4-or-f-1-visas/

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

February 26th, 2008 | Category: Employees

A very common question by the holders of visas which have employment restrictions is, “Can I engage in unpaid volunteer work under my visa?”

The answer is that it depends on the type of unpaid volunteer work you are 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’ 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, for example working for 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, then volunteering and working without pay would be legal. 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.