Work before being issued the work authorization

[Hannah+Vito 0]

Okay, I was going to mention that if you were looking at a specific career you can do relevant volunteer work which can help with networking. I had a friend who was laid off in February and after doing volunteer work it lead to a job.

i once asked on here if i could do that sort of unpaid work experience before work authorization and got a completely different answer, along the lines of if you could technically be paid for it you can't do it, i believe the verbiage used was you can had coffee out at a homeless shelter but you can't hand coffee out at Starbucks. now i am confused

[Usui Takumi 1,562]

Well you can't do a paying job for free if that makes sense. So for instance you can't work and ABC Coffee for zero wages. You can volunteer through volunteer programs. Places like Animal Shelters, botanical gardens, combat flight museums etc. have volunteer programs...they are outlined as non paying from the start.

Does that make sense?

Edited July 21, 2009 by lancer1655

[Hannah+Vito 0]

Well you can't do a paying job for free if that makes sense. So for instance you can't work and ABC Coffee for zero wages. You can volunteer through volunteer programs. Places like Animal Shelters, botanical gardens, combat flight museums etc. have volunteer programs...they are outlined as non paying from the start.

Does that make sense?

So in short your employer must be registered non profit?? or could it be that for instance internships/workexperience (that hire students) are generally unpaid so you can do those too? no matter what the employer??

[Usui Takumi 1,562]

I'm not really sure actually. My thought was that internships do not fit into the scheme of things. It does make you wonder though where the specific legal line is. My guess is that there isn't a solid black line on this, after all the legality of unpaid internships themselves can be somewhat grey at times regarding minimum wage laws etc.

Edited July 21, 2009 by lancer1655

[Usui Takumi 1,562]

I found this serious of tests that determines whether work without pay is legal. This could potential apply to authorization as well I suppose but I wouldn't hang my hat on it unless I have an attorney under hire and his ink on the line so to speak.

Are unpaid internship illegal?

If you’re looking for an internship in the law, you’ll probably really enjoy this post. If not, you’ll have to bear with us because it’s important to understand your rights. There aren’t any lawyers on the One Day, One Job / Internship staff, so we’re doing our best to read through the research to get an answer for you. Initially, some Googling turned up a Cohen and Wolf Case Study that outlines the legality of unpaid internships quite nicely. It says that the U.S. Department of Labor’s Wage and Hour Division created a test to determine whether a “trainee” or intern is considered an “employee” based on a 1947 Supreme Court decision that evaluated whether “prospective train yard brakemen were ‘employees’ within the meaning of the Fair Labor Standards Act.” The test requires that all 6 of the following statements are true about the intern’s time with the company.

1. If the training, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in a vocational school;

2. If the training is for the benefit of the trainee;

3. If the trainees do not displace regular employees, but work under close observation;

4. If the employer that provides the training derives no immediate advantage from the activities of the trainees and, on occasion, the employer’s operations are actually impeded;

5. If the trainees are not necessarily entitled to employment at the completion of the training period;

6. If the employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.

This is the law. If any one of these six statements is not true about a given internship, then the interns are considered “employees” and are subject to the monetary provisions of the Fair Labor Standards Act. That means that the interns are entitled to minimum wage and overtime compensation.

[Hannah+Vito 0]

I found this serious of tests that determines whether work without pay is legal. This could potential apply to authorization as well I suppose but I wouldn't hang my hat on it unless I have an attorney under hire and his ink on the line so to speak.

Are unpaid internship illegal?

If you’re looking for an internship in the law, you’ll probably really enjoy this post. If not, you’ll have to bear with us because it’s important to understand your rights. There aren’t any lawyers on the One Day, One Job / Internship staff, so we’re doing our best to read through the research to get an answer for you. Initially, some Googling turned up a Cohen and Wolf Case Study that outlines the legality of unpaid internships quite nicely. It says that the U.S. Department of Labor’s Wage and Hour Division created a test to determine whether a “trainee” or intern is considered an “employee” based on a 1947 Supreme Court decision that evaluated whether “prospective train yard brakemen were ‘employees’ within the meaning of the Fair Labor Standards Act.” The test requires that all 6 of the following statements are true about the intern’s time with the company.

1. If the training, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in a vocational school;

2. If the training is for the benefit of the trainee;

3. If the trainees do not displace regular employees, but work under close observation;

4. If the employer that provides the training derives no immediate advantage from the activities of the trainees and, on occasion, the employer’s operations are actually impeded;

5. If the trainees are not necessarily entitled to employment at the completion of the training period;

6. If the employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.

This is the law. If any one of these six statements is not true about a given internship, then the interns are considered “employees” and are subject to the monetary provisions of the Fair Labor Standards Act. That means that the interns are entitled to minimum wage and overtime compensation.

thank you lancer i will have to give this some thought to try and post this but it is an interesting topic, its hard to advise or even judge what line not to cross on this, from what i read on your link the sort of work experience i was thinking of would possibly be legal because before when i did it in england i was not replacing a paid employee just bossed around by them to do the bits of their jobs they had no time for

sorry to the op for over taking the topic with my questioning

[Usui Takumi 1,562]

Yeah its not very clear. For one thing how do you prove that your getting money underneath the table still. I suppose a contract would help but you never know. I think to be honest the only ones that could safely intern (nonpaid) are students where the school and the company communicate as per a curriculum. But how many K1 people would fit into that scenario anyway.

[newlyweds 0]

im a nurse, and i was planning on maybe do volunteer work for the red cross , is that ok?i mean before the EAD, im not so sure on doing that yet anyway as we have a lot more things to have done but i just thought id ask

[Usui Takumi 1,562]

Yeah volunteering with the RedCross is fine.

I did find this btw:

The following describes the U.S. Citizenship & Immigration Service (USCIS) interpretation of the concept of “work” versus “volunteering.”

• A foreign national cannot perform work as a volunteer in a position that would normally be a paid position or if the foreign national believes that some form of compensation will follow. The U.S. Citizenship and Immigration Service (USCIS) views such volunteering as “work” and requires proper employment authorization issued by that agency. This specifically includes volunteering by a foreign national for a trial period leading up to compensated employment.

• [A]n applicant for a change of status may not offer his or her services to a prospective employer, even on a volunteer basis. The employment is unauthorized as long as the alien derives any benefit from it. (Lawrence J. Weinig, INS Deputy Assistant Commissioner for Adjudications, 66 NO. 19 Interpreter Releases 539)

• In addition, the volunteer rule may give rise to a number of potential abuses. For example, may an employer lawfully suggest to an alien that he or she should do a period of 'volunteer' work while the employer is deciding whether or not to file a nonimmigrant visa petition or a labor certification application? Recently, the INS indicated that an applicant for change in nonimmigrant status could not offer his or her services to a prospective employer on a 'volunteer' basis. The INS has stated that: 'If any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment.' (89-05 Immigr. Briefings 1)

• Volunteer services for a prospective employer constitute unauthorized employment if the alien will ultimately derive some benefit from the work. The ultimate question in most volunteer cases will be: What did the alien expect in return? If he or she expected compensation, reward, or future benefit, then the volunteer work probably violates status. (95-05 Immigr. Briefings 1)

[Paul_Light 0]

Hi

I've been told twice at the immigration office whilst on an INFOPASS appointment not to even apply for work until I receive the work authorization. Very frustrating. But ALL the forms are in Chicago now so I'll just have to be patient.

Paul

[ddartt1 2]

I don't think it is different, you must have waited a long time to come to the US, why risk it now?

[bosanskasnaha 0]

Can someone tell me? Can the social security card obtained prior to green card approval stating " for work purposes only" be used to obtain and build credit? (i.e. credit cards, loans, etc.)

[Usui Takumi 1,562]

You can use that social security number, when applying for credit your only road block is your lack of a job. You might find you'll need your spouse to cosign.

[Hannah+Vito 0]

Yeah volunteering with the RedCross is fine.

I did find this btw:

The following describes the U.S. Citizenship & Immigration Service (USCIS) interpretation of the concept of “work” versus “volunteering.”

• A foreign national cannot perform work as a volunteer in a position that would normally be a paid position or if the foreign national believes that some form of compensation will follow. The U.S. Citizenship and Immigration Service (USCIS) views such volunteering as “work” and requires proper employment authorization issued by that agency. This specifically includes volunteering by a foreign national for a trial period leading up to compensated employment.

• [A]n applicant for a change of status may not offer his or her services to a prospective employer, even on a volunteer basis. The employment is unauthorized as long as the alien derives any benefit from it. (Lawrence J. Weinig, INS Deputy Assistant Commissioner for Adjudications, 66 NO. 19 Interpreter Releases 539)

• In addition, the volunteer rule may give rise to a number of potential abuses. For example, may an employer lawfully suggest to an alien that he or she should do a period of 'volunteer' work while the employer is deciding whether or not to file a nonimmigrant visa petition or a labor certification application? Recently, the INS indicated that an applicant for change in nonimmigrant status could not offer his or her services to a prospective employer on a 'volunteer' basis. The INS has stated that: 'If any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment.' (89-05 Immigr. Briefings 1)

• Volunteer services for a prospective employer constitute unauthorized employment if the alien will ultimately derive some benefit from the work. The ultimate question in most volunteer cases will be: What did the alien expect in return? If he or she expected compensation, reward, or future benefit, then the volunteer work probably violates status. (95-05 Immigr. Briefings 1)

this is an excellent piece of information quite clears something up, however does this mean now that one cannot use vollenteer work for references to gain usa work when authorized? and would this effect your advice to op about work experience in the field they wanted to work in. i am basing this questioning on the highlighted sentence in your post. I really thing we should find somewhere to save this though its very useful.

[KarenCee 3]

There is also a PINNED thread at the top of the forum that explains this question in detail.