J-1 Volunteering and Unpaid Internships

Definition of Volunteering:

Volunteering is defined as donating time with an organization whose primary purpose is charitable or humanitarian in nature, without remuneration or any other type of compensation. Examples include volunteering at a local soup kitchen, homeless shelter, or giving your time to a local food bank.

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Authorization to Volunteer During Program:

No authorization from the ISEO or DHS is required for J-1 students to participate in volunteering. Only true volunteering, as defined by the U.S. Department of Labor in the Fair Labor Standards Act (FLSA) does not require work authorization. According to FLSA, volunteering refers to donating time with an organization whose primary purpose is charitable or humanitarian in nature, without promise, expectation, or receipt of compensation for services rendered.

Criteria for volunteer positions:

• The organization you are volunteering at must be a nonprofit organization.
• As a volunteer, the activities you engage in must be activities normally completed by volunteers and not paid employees.
• You do not receive any compensation or payment for your volunteering services, and no expectation exists that you will get a job at this organization at the end of your volunteering. The company cannot bring you on as a so-called volunteer and then decide you are an employee and pay you for work youve already done.
• Many nonprofits have organized volunteer programs. Participating in such a program is likely to be considered volunteering and not unpaid work.
• If you volunteer at an organization, be sure to get documentation confirming that you participated in their volunteer program and received no compensation for your volunteering.

If you are not sure if a job you are considering is a true volunteer or unpaid internship, please meet with an ISEO advisor.

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Authorization to Volunteer After Program End Date:

In order for J-1 students to volunteer after their program end date, they must apply for post-completion Academic Training (AT) which requires that the work is related to their field of study.

Definition of Unpaid Internships:

Internships may be paid or unpaid and are designed to provide interns with work experience related to their major field of studies. Unpaid internship is different from volunteer work, and can be for both non-profit and for-profit organizations. The U.S. Department of Labor has specific regulations governing unpaid internships. Please view the criteria for unpaid internships on the following website: Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act.

Unpaid internships should not be used by your employer as a trial period before you receive work authorization. For example, if you start working while waiting for your work authorization to be approved, you would be considered an employee instead of an unpaid intern or volunteer under the Fair Labor Standards Act (FLSA) . This is because both you and your employer have the expectation that you will be hired on a permanent basis as soon as you obtain work authorization.

You should not begin working not even as a volunteer or unpaid intern before you receive your work authorization.

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Authorization to Participate in Unpaid Internships:

J-1 regulations define employment to encompass both paid positions and unpaid internships. Therefore, J-1 students must apply for work authorization before they participate in paid or unpaid internships.

To participate in an unpaid internship on-campus, please apply for J-1 On-Campus Employment Authorization.

To participate in an unpaid internship off-campus, please apply for Academic Training (AT).