May international students are interested in volunteer opportunities during their time as a Brown student. Volunteering can be an excellent way to engage with your local community in meaningful cultural opportunities. However, it is important for students to be aware that volunteering has specific definitions and restrictions.

What is Volunteering? 

Volunteering is not employment and does not require employment authorization. However, under various U.S. laws, volunteering is defined in specific ways. According to the Fair Labor Standards Act, for example, volunteering is a voluntary donation of time for “public service, religious or humanitarian objectives, and without contemplation or receipt of compensation. Typically, [volunteers] serve on a part-time basis and do not displace regular employed workers or perform work that would otherwise be performed by regular employees.”

Based on this and other sources, volunteering should be understood in the following way. Activities that do not meet the criteria below may potentially be employment requiring employment authorization.

• The volunteer is making a voluntary donation of their time for public service, religious, or humanitarian objectives, and is not expected to provide hours or receive supervision in a fashion similar to paid employees
• The activity is undertaken without the expectation or receipt of compensation*
• The activity is being performed for a religious, charitable, or similar non-profit organizations
• Even for non-profit organizations, the volunteer activity cannot involve ordinary commercial services that generate sales or require fees, such as running a gift shop in a museum or hospital
• The volunteer activity does not lead to or involve the displacement of paid workers, and is not of a nature that would otherwise or normally be paid or compensated
• The volunteer activity does not come with the promise or expectation, implied or otherwise, of employment.

From the above, it is important to understand the volunteering is NOT the same as “working for free” or “working without pay.” If the activities are normally paid, these constitute employment and you would need to have an appropriate form of work authorization, such as OPT. 

*Note: compensation can include monetary remuneration (cash, wages, salary, tips, etc.) but also other types of benefits provided in exchange for services, such as room and board, tuition payments, etc. 

In many cases definitions around volunteering are nuanced and require legal analysis. Consult with your ISSS advisor and, if necessary, a qualified immigration attorney.