Jump to content
dentsflogged

Volunteering for charity during AOS?

11 posts in this topic

Recommended Posts

I feel like this is one of those questions that may result in a mixed bag of responses, but here we are.

 

I'll be attending a convention next week.  I just heard from a friend that a charity we both support will have a booth there and is looking for people to volunteer 3 hour shifts to help run it.  There's no payment of any kind, and if they can't get "enough" volunteers, they just make do with what they have - they don't hire temps or anything.

 

Given I haven't got my EAD yet, is it a risk for me to offer time to help out with this?  I don't want to get them or me in trouble, but I'd really love to be able to do something to help them out. 


TIA! 

Share this post


Link to post
Share on other sites
Posted (edited)

I don't see an issue at all....that's not work.

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites

It is a huge gray area, some here will say it is fine as long as you don't get paid and some will say that it is still work. When I applied to be a volunteer the company said no as soon as they found out I wasn't eligible to work in the US.  I think this will be one of those things that will be up to you to decide what you want to do. 






Share this post


Link to post
Share on other sites
23 minutes ago, dentsflogged said:

I feel like this is one of those questions that may result in a mixed bag of responses, but here we are.

 

I'll be attending a convention next week.  I just heard from a friend that a charity we both support will have a booth there and is looking for people to volunteer 3 hour shifts to help run it.  There's no payment of any kind, and if they can't get "enough" volunteers, they just make do with what they have - they don't hire temps or anything.

 

Given I haven't got my EAD yet, is it a risk for me to offer time to help out with this?  I don't want to get them or me in trouble, but I'd really love to be able to do something to help them out. 


TIA! 

You're fine. It's volunteer. Generally, the way to think about it is, if a person eligible to work in the US would do that work, would that person be paid? If he/she is not paid, that he would be fine. 

Share this post


Link to post
Share on other sites

I don't see any way that this could be considered "work".  Volunteering for this event in NO WAY takes pay away from another person.....


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
1 minute ago, USS_Voyager said:

You're fine. It's volunteer. Generally, the way to think about it is, if a person eligible to work in the US would do that work, would that person be paid? If he/she is not paid, that he would be fine. 

CBP would still consider that a job and would not let that person in. That is why this is a grey area during AOS






Share this post


Link to post
Share on other sites
46 minutes ago, Unidentified said:

CBP would still consider that a job and would not let that person in. That is why this is a grey area during AOS

Where does the CBP say that?

 

The answer to the question whether volunteer work is permitted depends on the type of unpaid volunteer work one is seeking to perform.   The regulations state in broad terms that unauthorized work is prohibited.   But to distinguish whether volunteer work is unauthorized, it is helpful to understand the government’s motives in setting up this regime.  The USCIS’s goal is to prevent foreign nationals who have employment restrictions in engaging in work which could give them an advantage over U.S. citizens or which could drive down Americans’ wages or benefits. Therefore, it is not permitted to volunteer for a productive position which is usually paid. The rationale is that if you are offering to work without a pay in a job which would otherwise be filled by an American who would be paid, then you are subverting the employment authorization system’s goals and undercutting Americans’ job prospects and wages.

However, if the volunteer work you are seeking is for a true volunteer position then volunteering and working without pay would be legal.  For example, volunteering at a non-for-profit organization such as a museum, a fire-station, a school or a church where there is no general expectation of compensation,  or employment may be okay.

 

As a general rule of thumb, one should look at whether Americans would perform the same job without pay and under similar circumstances and if the answer is “yes,” then a foreign national in an employment-restricted status can volunteer and work without pay

 

https://www.cilawgroup.com/news/2013/10/15/unpaid-volunteer-work-on-h-1b-h-4-f-1-or-similar-visas/

 

Share this post


Link to post
Share on other sites
On 3/18/2019 at 2:32 PM, dentsflogged said:

I feel like this is one of those questions that may result in a mixed bag of responses, but here we are.

 

I'll be attending a convention next week.  I just heard from a friend that a charity we both support will have a booth there and is looking for people to volunteer 3 hour shifts to help run it.  There's no payment of any kind, and if they can't get "enough" volunteers, they just make do with what they have - they don't hire temps or anything.

 

Given I haven't got my EAD yet, is it a risk for me to offer time to help out with this?  I don't want to get them or me in trouble, but I'd really love to be able to do something to help them out. 


TIA! 

Volunteering is completely fine! The only time it would not be fine, is if you volunteer for a position that someone could get paid for.

Let's say you would volunteer at a dentist office as an assistant, that's illegal cause (s)he can hire someone for that. 

Let's say you volunteer for an animal shelter. Completely fine and even encouraged by the US, since you're giving back to the community! 

 

Since it's a charity it'll probably be non profit, what means that they're usually based on volunteers. Go ahead an do your volunteering! I volunteered at an animal shelter before I got my EAD, it's nice to be out of the house and feel you're doing something useful with your time.

Share this post


Link to post
Share on other sites
1 hour ago, C90 said:

Volunteering is completely fine! The only time it would not be fine, is if you volunteer for a position that someone could get paid for.

Let's say you would volunteer at a dentist office as an assistant, that's illegal cause (s)he can hire someone for that. 

Let's say you volunteer for an animal shelter. Completely fine and even encouraged by the US, since you're giving back to the community! 

 

Since it's a charity it'll probably be non profit, what means that they're usually based on volunteers. Go ahead an do your volunteering! I volunteered at an animal shelter before I got my EAD, it's nice to be out of the house and feel you're doing something useful with your time.

It is definatley a charity - it's called Childs Play Charity - they raise money (and physical donations are welcome, too) to buy games and toys for sick kiddos in hospital.

I emailed them to offer my time but made it clear about my limitations re: work so the ball is in their court.

Share this post


Link to post
Share on other sites
7 minutes ago, dentsflogged said:

It is definatley a charity - it's called Childs Play Charity - they raise money (and physical donations are welcome, too) to buy games and toys for sick kiddos in hospital.

I emailed them to offer my time but made it clear about my limitations re: work so the ball is in their court.

The ball is always in your court.  You are responsible for knowing the limits of your status.  The charity is not responsible. 

 

As long as it's a real charity and you are not volunteering for a potential employer, then you're most likely fine.  


The charity you citied seems fine.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×