Volunteering on a K-1 Visa

[lisaandgaz 0]

Hi all,

I just have a question in relation to volunteering on a K-1 Fiance visa. I'm looking at coaching sport here in the US and obviously I'm not allowed to be paid, which is perfectly fine as I don't get paid to coach back home either. From what I understand I can in fact volunteer as I am not getting paid. So whether I was helping at a soup kitchen, walking a dog at a dog shelter or in my case coaching a sport at a local high school I am of the understanding I can do so as long as I am not getting paid.

Could someone please correct me if I am wrong? Or maybe provide more information.

Cheers.

[Boiler 45,965]

I have coached a bit of Football for early ages, that is fine as Parents etc often do with no thought of any payment.

Move up a bit and then you might have technical issues.

[dukeandduchess 141]

You can volunteer all you want. I believe problems only arise if you're volunteering to do a job that someone could get paid for (?)

[lisaandgaz 0]

Thanks guys,

I finally got through to a real person and they said it isn't an issue as long as I receive no payment!

Thanks for your help!

[Boiler 45,965]

A real Lawyer?

[aaron2020 11,651]

Here is an article on volunteer work. It's not from USCIS but it was the best I could find.

No pay is only part of it. If the volunteer gets any benefits, then it's a no go even if no money changes hands.

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.

[aaron2020 11,651]

Here are some warnings that universities have for their foreign students who are also not work authorized.

http://www.vanderbilt.edu/isss/wp-content/uploads/VolunteeringInfo.pdf

http://international.missouristate.edu/services/82278.htm

[aaron2020 11,651]

Thanks guys,

I finally got through to a real person and they said it isn't an issue as long as I receive no payment!

Thanks for your help!

It's called the USCIS Mis-information Line for a reason around here. Those phone operators are not lawyers or immigration experts. They are not responsible for their responses. You are to check with your lawyers. If you are given the incorrect advice and you do not check it out, then it's your problem. Do not rely on the Mis-information line.

[lisaandgaz 0]

Thanks for this information, it's just assisting coaching at a local high school with nothing more than that. I'm giving up my own time with no intention to receive payment now or in the future.

Thanks for all the information.