Unpaid Internships and Volunteering
Unpaid Internship Overview
In most situations, you will require some type of employment authorization to gain experience in your field of study. It is understandable that you might think that if you accept work for which you will not get paid it is not considered employment, and therefore does not require authorization. However, this is not correct.
Immigration regulations consider employment to be any type of work performed, or services provided, in exchange for money, tuition, fees, books, supplies, lodging, or for any other benefit.
Moreover, both the U.S. and New York State have strict criteria regarding what constitutes a legitimate, bona fide unpaid internship and is not in violation of their labor laws.
If you are receiving any type of compensation, or the prospective position does not meet the unpaid internship criteria, you must obtain work authorization. If you have completed your program you will need OPT authorization for both paid and unpaid positions.
Eligibility
According to U.S. labor law, unpaid internships are:
Departments of Labor Criteria for Unpaid Internships
The U.S. DOL considers the following factors in determining whether an intern is the "primary beneficiary" of the intern-employer relationship or is, in fact, an employee and should be paid. Courts will look at the extent to which:
You and your internship provider must also comply with these additional 5 requirements of the New York State Department of Labor.
Volunteering Overview
Volunteering allows you to get involved with the local community, network, utilize skills and learn new ones.
The U.S. Department of Labor defines volunteering as donating time with an organization whose primary purpose is civic, charitable, or humanitarian in nature. Remember, you may not receive payment or any type of compensation.
You cannot offer to volunteer for a position:
- which is normally paid, or
- for which you will be paid later
You can learn about some volunteer opportunities through the links below:
FAQs (Frequently Asked Questions)
You are not required to obtain work authorization to engage in an unpaid internship that meets all the criteria. Ask in advance what paperwork the organization requires from you to start your unpaid internship. If they want you to complete an I-9 Employment Authorization Verification form, it means they consider it to be an employment relationship requiring authorization even if you are not being paid. If you have completed your program, you need F-1 OPT or J-1 Academic Training authorization for both paid and unpaid positions.
Not necessarily. CPT is authorization for off-campus employment that is an integral part of the established curriculum of your degree program and it is not available to all F-1 students as it depends on the academic requirements of your program. International students are permitted to participate in unpaid internships, which do not usually require a student to complete a Form I-9 and show proof of work authorization, if the internship lawfully meets the requirements to be unpaid. Students cannot, however, decide to forgo pay to do an internship that should be paid work. If you should be paid for your internship or if you otherwise need to complete a Form I-9 for your off campus work, your employer or placement site will ask you to show work authorization such as CPT or OPT at the start of your placement. Students should also ensure that all summaries of unpaid experiences in resumes and online profiles accurately reflect that the experience was unpaid.
You can learn more about when unpaid internships are permissible on these agency websites U.S. Department of Labor and New York State Department of Labor. You can also learn more via the DHS website. You may find that some organizations may even require you to show proof of work authorization as a condition of participating in a permissible unpaid internship. Students should always consult with an ISSO Designated School Official before beginning an unpaid internship to determine whether work authorization is required.
You are not required to obtain work authorization to engage in legitimate volunteer activities.
We advise that you get documentation from the organization explaining the nature and terms of your work, and keep this with your other immigration records.