ÌÇÐÄlogo

The US Department of Labor uses the  to determine what constitutes a volunteer: 

The FLSA recognizes the generosity and public benefits of volunteering and allows individuals to freely volunteer in many circumstances for charitable and public purposes. Individuals may volunteer time to religious, charitable, civic, humanitarian, or similar non-profit organizations as a public service and not be covered by the FLSA. Individuals generally may not, however, volunteer in commercial activities run by a non-profit organization such as a gift shop. A volunteer generally will not be considered an employee for FLSA purposes if the individual volunteers freely for public service, religious or humanitarian objectives, and without contemplation or receipt of compensation. Typically, such volunteers serve on a part-time basis and do not displace regular employed workers or perform work that would otherwise be performed by regular employees. In addition, paid employees of a non-profit organization cannot volunteer to provide the same type of services to their non-profit organization that they are employed to provide.  

Students in F-1 or J-1 status are permitted to engage in volunteer work as long as it meets the above criteria.  Documenting your volunteer work can be helpful for future inquiries. One such way would be to have a letter from the organization to document your volunteer role. 

The  shares seven factors that help determine the relationship between interns/ students and for-profit employers.  No single factor is determinative. The factors include: 

1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee—and vice versa.  
2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.  
3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.  
4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.  
5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.  
6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.  
7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship. 

Most unpaid internships require authorization for F-1 Curricular Practical Training (CPT) or J-1 Academic Training. If you have additional questions after reviewing the CPT or AT information on our website, please contact your OISS advisor. 

• Guidance (page 18) states that, "Students may work as volunteers or unpaid interns, where this practice does not violate any labor laws. The work should be at least 20 hours per week for students on post-completion OPT.  A student should be able to provide evidence, acquired from the student's employer, to verify that he or she volunteered at least 20 hours per week during the period of employment." A  also highlights the importance that any volunteer activity relates to your major field of study to count towards OPT.  If you are not sure if your volunteer work qualifies as OPT employment, please contact your OISS advisor. 

A vvolunteer or unpaid intern position does not meet the conditions for employment on the STEM OPT extension. 

However, you are welcome to volunteer during your spare time, as long as it meets the criteria listed as defined under the , outlined on this page under "What constitutes volunteering?"