Unpaid vs. Paid Work | International Students & Scholars Services

Defining "Work"

International students may have the opportunity in participating in various work opportunities. To ensure that you are following regulations for allowable work under your status, it's important to understand the differences between unpaid work, volunteering, and employment. There are further considerations under the Fair Labor Standards Act (FLSA) under the U.S. Department of Labor that must be both understood and followed.

As an F-1 or J-1 student, please remember that all off-campus work should receive proper authorization before participating and some types of work must be properly vetted to ensure that it not only follows the regulations that govern your nonimmigrant student status but U.S. Department of Labor laws as well.

Employment can be defined as any work in which there is a bona fide employer/employee relationship where you are providing a benefit for services rendered and compensated accordingly.
An unpaid internship can be defined as unpaid employment.
Volunteering can be defined as work where there is no expectation of compensation that mainly benefits the volunteer.

Assessing the Nature of “Work”

The principal federal labor law concerned with unpaid work is the Fair Labor Standards Act (FLSA), which requires individuals performing work to be paid for their services. As a general rule, if the work position is typically a paid position, the individual in that position should be hired appropriately and paid for their services. A position should not be declared a volunteer position in order for the employer to receive a benefit without having to pay an employee for work performed.

According to the Department of Labor Fact Sheet #14A: Non-Profit Organizations and the Fair Labor Standards Act (FLSA):

“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.”

Please note that if a student accepts a volunteer or unpaid position where work is being performed that does not comply with U.S. labor laws, the time spent in that position would count as unemployment time and may also expose the employer to wage law penalties such as having to pay back wages. There could be status violation issues that impact a visa as well.

Further information on how the Department of Labor may scrutinize such work or interpret volunteer or unpaid positions can be found in, but not limited to, the links below:

International Student Responsibilities

Any off-campus work in an unpaid position, volunteer role, or employment opportunity that an international student engages in should be properly vetted and the proper off-campus work authorization through Optional Practical Training (OPT) or Curricular Practical Training (CPT) should be requested, authorized, and approved before engaging in volunteer or unpaid activities. Students are responsible for ensuring they receive proper off-campus work authorization and proceed at their own risk when engaging in volunteer and unpaid activities with or without proper authorization.

It is highly recommended that documentation is kept by the student and/or employer establishing the legitimacy of volunteer work and unpaid work, in compliance with the FLSA.

For students on OPT who wish to pursue unpaid work activities to satisfy the 90-day unemployment limit and wish to have a professional assessment can choose to consult an experienced labor lawyer or immigration attorney.

Please Note: Definitively assessing an unpaid or volunteer work opportunity and its compliance with labor laws is generally beyond the scope of expertise of our ISSS office. ISSS cannot review and make final determinations on offer letters or provide definitive assessment of the nature of volunteer or unpaid employment. Please see our ISSS Disclaimer.