Volunteering vs. Unpaid Employment

A common misconception is that the difference between volunteering and employment is that employees are paid and volunteers are not. However, being an unpaid worker does not mean you are a volunteer.

Volunteering
According to the Code of Federal Regulations, a volunteer is “[a]n individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered.” In short, if your service is for a nonprofit entity and you are not compensated, you are a volunteer. Additionally, a volunteer does not fill a role for which the employer would otherwise hire an employee. 

With this definition in mind, some examples of true volunteer work may include serving food at a shelter for unhoused populations, walking dogs at an animal shelter, building a house with Habitat for Humanity, and similar work performed for a religious or humanitarian objective.

F-1 students are permitted to volunteer without work authorization if their activities meet the above definition of volunteering.

Unpaid Employment
Work that does not meet the above definition of volunteering is considered employment and requires appropriate work authorization (usually CPT), whether the work is paid or unpaid. 

One exception is the Department of Labor’s Test for Unpaid Interns and Students to determine if the work is considered an employment or training. If the work meets each of the seven criteria outlined in the test, it may not meet the definition of employment. If you think your situation meets the criteria in the Test for Unpaid Interns and Students, please speak with your ISS immigration advisor to verify that you do not need work authorization.

Gray Areas
Despite the resources and definitions available through various governmental agencies, the question of whether something is employment (and therefore requires authorization) does not always have a simple answer. If you think your situation fits into this gray area (e.g., if you think it is a volunteer position but you receive compensation of some kind, if you want to participate in a research study but you would be offered a gift card, etc.), please speak with your ISS immigration advisor.