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Janulla

Work before being issued the work authorization

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Filed: Other Country: Afghanistan
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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.

Thats a good question. In this situation what defines "benefit"? Certainly expecting to be hired as an employee later would constitute a "benefit". I would hazard to think that being able to list in resume would not constitute a benefit. I sometimes put my volunteer work on my resume because it shows community involvement etc. Perhaps one step further like a professional reference might be seen as a benefit?

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Filed: Country: Canada
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To ♥BertieMae♥:

I've never found anything regarding the legal definition of volunteering in the above pins. Are you saying that its listed up there?

I was addressing the original question of working before authorisation. Have a look see and read for yourself to find out if it's there. We never worried about this...we waited until my husband's EAD was approved. Took just under 90 days.

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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