Volunteer Policy  

This policy establishes clear guidance on volunteering by F-1 visa–holding students to ensure compliance with: 

• The Fair Labor Standards Act (FLSA) 
• U.S. Department of Labor (DOL) regulations 
• Department of Homeland Security (DHS)/SEVP immigration rules 

The goal is to protect students, employers, and institutions from unintentional violations of labor or immigration law, which may result in serious legal and immigration consequences.

U.S. Labor Law Framework (FLSA Overview) 

§ 553.100 General. 

Section 3(e) of the Fair Labor Standards Act, as amended in 1985, provides that individuals performing volunteer services for units of State and local governments will not be regarded as “employees” under the statute. The purpose of this subpart is to define the circumstances under which individuals may perform hours of volunteer service for units of State and local governments without being considered to be their employees during such hours for purposes of the FLSA. 

§ 553.101 “Volunteer” defined. 

(a) An individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered, is considered to be a volunteer during such hours. Individuals performing hours of service for such a public agency will be considered volunteers for the time so spent and not subject to sections 6, 7, and 11 of the FLSA when such hours of service are performed in accord with sections 3(e)(4) (A) and (B) of the FLSA and the guidelines in this subpart. 

(b) Congress did not intend to discourage or impede volunteer activities undertaken for civic, charitable, or humanitarian purposes, but expressed its wish to prevent any manipulation or abuse of minimum wage or overtime requirements through coercion or undue pressure upon individuals to “volunteer” their services. 

(c) Individuals shall be considered volunteers only where their services are offered freely and without pressure or coercion, direct or implied, from an employer. 

(d) An individual shall not be considered a volunteer if the individual is otherwise employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer.  

Individuals may volunteer only for: Public sector entities, or Nonprofit organizations with charitable, religious, civic, or humanitarian missions 

Individuals may not volunteer for: For-profit private sector employers 

Volunteers: 

• Must offer services freely 
• Must not expect or receive compensation 
• Must not displace paid employees 
• Must not perform work that would otherwise be paid 

According to the U.S. Department of Labor, a volunteer is: 

“An individual who performs services for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation.” 

Characteristics of True Volunteer Activity 

 All the following must be true: 

• The organization is nonprofit or public sector 
• The activity serves a civic, charitable, or humanitarian purpose 
• The services are part-time and occasional 
• No wages, stipends, credits, or in-kind benefits are expected 
• The volunteer does not replace a paid employee 
• The role is not a position that is normally paid 

F-1 students may volunteer without CPT or OPT authorization if the activity meets the DOL definition of volunteering. 

Permissible Volunteer Activities (Examples) 

Volunteering at: 

• American Red Cross 
• Habitat for Humanity 
• Humane Society 
• Food pantries 
• Boys & Girls Clubs 

Assisting with: 

• Disaster relief 
• Community clean-up projects 
• Serving meals at a homeless shelter 

Volunteering in non-skilled, non-career roles that are not related to the student’s major.

The following are not considered volunteering, even if unpaid: 

• Working for a for-profit company 
• Performing duties normally done by paid employees 
• Internships (paid or unpaid) 
• Research, lab, technical, administrative, or professional work related to the student’s field without authorization 
• “Volunteering” to gain career experience, training, or résumé value 

Unpaid ≠ Volunteer 

If the activity benefits both the student and the organization in a professional or career-advancing way, it is likely employment under U.S. law. 

1. Currently Enrolled Student 

While Enrolled and Pursuing a Degree (Pre-Completion) volunteering is allowed only if it meets the Department of Labor (DOL) volunteer definition. If you have any questions, speak to your DSO. 

Activities closely related to the student’s major will require: 

• Curricular Practical Training (CPT) or 
• Pre-Completion OPT 
• Unpaid internships almost always require authorization 

It is strongly recommended that students consult the Office of International Student Programs and Support (ISPS) before starting any volunteer activity. 

    B. During Post-Completion OPT (12-Month OPT) 

Under SEVP policy students may volunteer or work unpaid if: 

• The activity relates directly to the student’s major 
• It does not violate labor laws 
• The student works at least 20 hours per week 

Students must maintain: 

• Written documentation of duties 
• Hours worked 
• Supervisor verification 

Unpaid OPT work can raise concerns in future: 

• H-1B petitions 
• Permanent residency applications 
• USCIS officers have discretion and may later interpret unpaid work as unauthorized employment. 

C: During STEM OPT Extension 

Volunteering does NOT count as STEM OPT employment.

 STEM OPT requires: 

• Paid employment 
• An E-Verified employer 
• Valid Form I-983 

Volunteer activity may occur only incidentally and must: 

• Be unrelated to STEM training 
• Fully comply with DOL volunteer standards 

Unpaid internships are not the same as volunteering. 

Most unpaid internships: 

• Are career-focused 
• Require CPT or OPT authorization 

Due to complexity and risk, students are strongly advised to obtain CPT or OPT for all unpaid internships or work related to their major. 

Students engaging in volunteer activities should maintain: 

• Name and mission of organization 
• Description of volunteer duties 
• Dates and weekly hours 
• Written confirmation that the role is unpaid and voluntary 

Documentation may be requested by USCIS, DHS, or future visa adjudicators.

Violations may include: 

• Engaging in unauthorized employment 
• Performing unpaid work that should be compensated 
• Misrepresenting volunteer activity 

 Possible Consequences:

• Termination of F-1 status 
• Accrual of unlawful presence 
• Detainment and deportation proceedings 
• Denial of future visas, OPT/STEM OPT, H-1B, permanent residency (green card) 

 Students who are unsure whether an activity qualifies as volunteering should: 

• Consult the ISPS office before starting 
• Consider speaking with an employment or immigration attorney then talk to the ISPS office