Volunteering for charity during AOS?

[dentsflogged 352]

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! 

[Crazy Cat 39,218]

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

Edited March 18, 2019 by missileman

[Unidentified 2,930]

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. 

[Cathi 5,610]

It depends on who you ask, it's a big gray area. Just because you don't get paid doesn't mean it isn't work is the argument. 

[USS_Voyager 1,971]

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. 

[Crazy Cat 39,218]

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.....

[Unidentified 2,930]

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. 

[USS_Voyager 1,971]

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/

 

[C90 376]

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.

[dentsflogged 352]

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.

[aaron2020 11,651]

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.