International Volunteers & Moonlighting

Volunteers

IFSS Opinion

The problem with volunteering in a regular job is that it removes that job from the U.S. labor market. Therefore, volunteering is prohibited in that respect for any alien without work authorization in general or work authorization for that specific job. Whether an alien may volunteer depends upon the specific facts and a decision must be made on a case-by-case basis. There are factual situations under which a visitor might be lecturing on a volunteer, non-employee basis, such as if the visitor were interviewing for a job and had to perform a lecture in order for the University to judge his/her performance. If this person was not just lecturing, but teaching, it implies more than one lecture. Unless the facts would convince otherwise, these individuals should not be performing services that constitute work under U.S. law.

General Legal Counsel Opinion

In general, the University doesn’t allow anyone (regardless of USCIS status) to volunteer in a position we would otherwise hire and pay for someone to perform those job duties. Volunteering raises wage and hour and IRS tax issues. Additionally, there is a concern that it could also raise an allegation of unauthorized employment.

Moonlighting

In general, the term "moonlighting" is usually applied to physicians. In fact, moonlighting is working an additional job after one's regular, full-time employment. Many visa types are employer-specific, such as H-1B, TN, O-1, & J-1. Business activities are strictly enforced for all nonimmigrant workers and activities at other businesses or organizations must meet USCIS and the U.S. Department of Labor regulations. Moonlighting for J-1 Exchange Visitors in the program category of Alien Physician is NOT permitted.