Volunteering and Unpaid Internships

Students may be offered volunteer or unpaid internship opportunities while in F-1 status, but it is important to understand that these types of positions could be perceived as “employment” by government officials.  Students in F-1 status may be questioned about these types of roles when applying for future immigration benefits.  

Unpaid Intern Definition 

The Department of Labor applies a Test for Unpaid Interns and Students to assess whether an intern qualifies as an employee. An intern is typically an individual who is engaging in a practical experience, with defined learning objectives and a pre-determined timeline, that is related to their educational program.  If it is determined that an intern was an employee and the student did not have work authorization for this role, then the student could be in violation of their immigration status.  

Volunteer Definition

The Department of Labor defines volunteers as, “Individuals who volunteer or donate their services, usually on a part-time basis, for public service, religious or humanitarian objectives, not as employees and without contemplation of pay, are not considered employees of the religious, charitable or similar non-profit organizations that receive their service.” A legitimate volunteer opportunity is one where those doing the same activity/position are unpaid and considered volunteers.

Unpaid Internships: Work Authorization Advised

In most cases, students in F-1 status will need either CPT authorization or Pre-Completion OPT authorization to obtain experience related to their major during their degree program. If offered an unpaid internship, confirm with the organization that they will not consider you an employee and you will not need to complete an I-9. If you receive any form of compensation [e.g. meals, transportation, lodging, stock options], then it is recommended that you obtain work authorization. If the position is normally paid but you are requesting that they do not pay you, this is not a legitimate unpaid opportunity. 

The Department of Labor applies a Test for Unpaid Interns and Students to assess whether an intern qualifies as an employee. If an intern does not fulfill the Department of Labor’s criteria for an employee, the student may be permitted to engage in the unpaid internship without needing off-campus work authorization (CPT or Pre-Completion OPT). Nevertheless, given the complexities associated with unpaid internships, OIS strongly advises all students on F-1 visas to seek CPT or Pre-Completion OPT for such internships. OIS is unable to evaluate unpaid internship opportunities for compliance with U.S. labor laws and cannot grant permission or “approve” students in F-1 status to take part in unpaid internships without proper authorization. We advise that you keep documentation from the organization explaining the nature and terms of your unpaid internship for your records in case you need to demonstrate in a future immigration application that you did not violate your status. 

Volunteering at Johns Hopkins University 

If a student in F-1 status would like to participate in a volunteer opportunity at JHU, such opportunities must comply with the established JHU Volunteers Policy. The process for approving Volunteers is handled within each school or department, by the applicable department chair or business unit leader through the appropriate University Human Resources representative. Under the federal Fair Labor Standards Act [FLSA], there are very limited circumstances under which it is legal and acceptable to utilize unpaid volunteers in connection with University activities or operations. 

Volunteering while Pursuing Degree Requirements: Exercise Caution  

Participating in formal volunteer opportunities with non-profit organizations that do not connect to your major field of study generally does not require work authorization. Examples of such activities that may not necessitate authorization include volunteering for organizations like the Salvation Army, the World Wildlife Fund, Big Brothers Big Sisters, or Meals on Wheels. 

If an international student wishes to volunteer in a position that is connected to their major field of study, then they should apply for CPT or Pre-Completion OPT. In all cases, OIS highly recommends that students keep documentation of the hours contributed per week while volunteering.  

The Department of Labor decides whether a particular activity qualifies as a “volunteer” opportunity or if it constitutes “work” that requires compensation. If it is determined that the volunteer activity is indeed “work”, then participating in the opportunity without payment is seen as a violation of U.S. labor law and could cause the loss of immigration status. It is essential for students in F-1 status and their employers to verify that the volunteer opportunity is genuine and complies with U.S. labor laws. Since OIS advisors do not specialize in U.S. labor law, we suggest seeking advice from an employment attorney for additional clarity. 

Volunteering while Authorized for Post-Completion OPT: Exercise Caution  

According to SEVP OPT Policy Guidance, “Students may work as volunteers or unpaid interns, where this practice does not violate any labor laws.”  

Students authorized for Post-Completion OPT should work sufficient hours per week across all positions related to areas of study noted on their I-20.  A student should be able to present evidence from their employer(s) confirming that they worked at least 20 hours per week during their employment period. A SEVP Broadcast message also highlights that, “Volunteer positions that are not directly related to your course of study do not qualify as optional practical training [OPT] and must not be listed as OPT employment.” This volunteer work not related to your course of study would be incidental [secondary] to OPT employment.  

While authorized for Post-Completion OPT, students are encouraged to exercise caution when undertaking any unpaid activity as a form of employment. If the unpaid opportunity is a violation of U.S. labor law, then the opportunity will not stop the accumulation of the allowed unemployment days, and the opportunity may result in loss of immigration status.  

If a student in F-1 status wishes to participate in volunteer work at JHU during their authorized post-completion OPT period, the opportunity must be a formally recognized volunteer position and properly documented, as previously noted. 

Volunteering While Authorized for STEM OPT: Does Not Qualify as Training  

While authorized for the STEM OPT Extension, students must only participate in training opportunities related to the STEM program major listed under “ program of study” on the I-20 where the employer is registered in E-Verify, has an IRS Employer Identification Number [EIN], and has sufficient resources to provide a training program [executed via the Form I-983]. The F-1 regulations require that training under the STEM OPT Extension is compensated.

Given the characteristics of the STEM OPT Extension and the expectations of employers, the U.S. Department of Homeland Security has made it clear that volunteer opportunities cannot be used as a basis for requesting a STEM OPT Extension. 

If a student in F-1 status who is authorized for STEM OPT intends to volunteer on a secondary basis alongside their STEM OPT employment, they should verify that the volunteer opportunity is genuinely a volunteer position and complies with U.S. labor laws. Volunteer work cannot be counted as STEM OPT employment.