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Volunteering and Unpaid Internships

Notice that this information has not been updated for new ruling

IMPORTANT NOTICE

At this time, ISSP will only process CPT requests where practical training is a requirement of a degree program, as outlined in the university’s academic catalog or other official university documents. All other CPT requests are currently paused. This webpage will be updated soon with the most current information. Please contact ISSP at globe@wm.edu if you have questions.

International students might seek out engagement in volunteer and unpaid internship opportunities to enhance their student experience at W&M, apply what they’ve learned in the classroom, or give back to the W&M or Williamsburg community.

Volunteering refers to hours of service performed for an organization for “civic, charitable or humanitarian reasons, without promise, expectation or receipt of compensation for the services rendered” (U.S. Department of Labor).

Unpaid internships are different from volunteer work and could be considered employment from an immigration standpoint. While federal immigration laws and regulations do not provide a definition of employment, a useful description of employment is any service or labor performed in exchange for compensation or a benefit, including work that would typically be compensated in a commercial setting (International Student Resource Center).

Unpaid internships at for-profit companies, self-employment, and entrepreneurial income can fall within the concept of employment. In these situations, students should be sure to obtain proper work authorization before engaging in employment.

Unpaid internships that meet the U.S. Department of Labor's regulations governing unpaid internships most likely are not considered employment.

Work authorization may not be required for F-1 and J-1 students to participate in an unpaid internship in the U.S. if the activity is not compensated in any way. Compensation can include wages or salary, tips and gratuities, commission or profits from sales, barter or trade of services, and equity or stock options where the equity is tied to performance or services.

Best Practices

When considering if an unpaid internship requires proper work authorization, students should consider the following questions:

  • Would you receive compensation or a benefit of any kind?
  • Is the activity of a kind typically paid in a commercial setting?
  • Would you be actively operating something (e.g. a business), no matter how small, from within the U.S.?
  • Would the activity interfere with full-time enrollment or normal academic progress?
  • Would the activity create tax or platform records?
  • Would you be comfortable fully explaining the arrangement to a DSO, to USCIS, or in a future immigration filing?

Students engaging in volunteer activities or unpaid internships are advised to obtain documentation from the organization that explains the nature of their work and consider that information in light of the guidance from the U.S. Department of Labor linked above. Students should keep the documentation with their other immigration documents.

Please review ISSP’s employment resources before accepting or participating in any employment or work-like activity. You can also contact our office at globe@wm.edu if you are unsure about the appropriateness of any employment opportunity, volunteer position, or unpaid internship.

Additional Resources