Volunteering Visas

Working without pay in a department laboratory or office by an international visa holder or visitor is generally not permitted based on visa status regulations and the U.S. Department of Labor. Additional restrictions or limitations on ‘volunteering’ or working without pay may exist according to Ohio State college or unit policies. Observation may be possible since observing work is not a paid position.

Below is additional information about volunteering visa statuses.

A J-1 scholar could only volunteer or participate in activities that are unrelated to the objective of their J-1 program at Ohio State in very specific instances. For example, J-1 scholars could join a recreational sports team or coach a recreational team, as this could be considered a part of their acculturation as an exchange visitor in the U.S. However, tutoring in one’s native language, even as a hobby, would be considered work and not permitted, unless their J-1 objective is to tutor in that language.

A J-2 with an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS) granting work authorization could work in any capacity in which they are qualified since there is no restriction on their employment authorization once they have it.

An H-1B visa is very limiting. Any work requiring specialized knowledge requires them to be paid at the level listed in the U.S. Department of Labor-certified Labor Condition Application and only according to the limits of the position description in the currently approved petition. For any new work outside the existing petition, a new petition would need to be filed with United States Citizenship and Immigration Services.

An H-4 with an Employment Authorization Document (EAD) based on their spouse’s approved I-140 form through the permanent residency process, can work similar to the J-2 visa holder above.

A TN-visa holder is limited to their authorization within the bounds of the United States-Mexico-Canada Agreement (previously North American Free Trade Agreement) category used to enter the U.S. or that which USCIS approved and may be considered like H-1b visa holders for volunteering.

B1/B2 visa holders cannot work as they are limited to either being a tourist or observing, consulting, or performing independent work. If Ohio State’s research goals are central to their visit, if the visit will give academic credit either in the U.S. or for an educational program abroad, if the visitor is coming to learn by spending their time on Ohio State-based research, or if they are paid even an honoraria for more than 9 days, then the B-1 visa would not work and a J-1 visa would be required, whether they are paid or unpaid. This is the same criteria for ESTA/Visa Waiver Program visitors. For additional information visit the Office of International Affairs website.

Employment Authorization Document (EAD) card holders who are in the United States as a part of Deferred Action for Childhood Arrivals (DACA), permanent residency processing, asylum, refugee, or Temporary Protected Status (TPS), and other categories of cardholder, are typically permitted to work for pay or as a volunteer since they have work authorization without much limitation on how or where they work.