Unpaid and Volunteer Work

We strongly recommend that you obtain government employment authorization before engaging in any internship or internship-like experience (whether paid or unpaid). The government considers unauthorized employment as an extremely serious violation of F or J status.

Unpaid Internship Considerations

Immigration regulations consider employment to be any type of work performed/services provided, in exchange for money, tuition, fees, books, supplies, lodging, or for any other benefit while in the United States.

The U.S. government and the state of Utah have laws governing paid and unpaid work. The criteria regarding what constitutes a legitimate, unpaid internship are quite narrow.

If you will receive any type of compensation, or the prospective position does not meet the unpaid internship criteria, you must obtain work permission (CPT, OPT, AT) if eligible. If you have completed your program, you will need OPT authorization for both paid and unpaid positions.

Eligibility

 According to U.S. labor law, unpaid internships are:

• structured in a particular way to be of benefit to the intern and not necessarily to the provider
• unpaid for everyone, regardless of immigration status or employment eligibility
• not able to be compensated retroactively

Department of Labor Criteria for Unpaid Internships

The U.S. Department of Labor (DOL) considers the following factors in determining whether an intern is the "primary beneficiary" of the intern-employer relationship or is, in fact, an employee and should be paid. Courts will look at the extent to which:

• it is clearly understood by both intern and employer that there is no expectation of compensation 
• the internship is similar to training which would be given in an educational environment
• the internship is tied to the intern's educational program by integrated coursework or the receipt of academic credit
• the internship's duration is limited to the period in which it provides the intern with beneficial learning
• the intern's work complements, rather than displaces, the work of paid employees, while providing significant educational benefit
• it is understood that there is no entitlement to a paid job at the conclusion of the internship

Volunteering

The Church of Jesus Christ of Latter-day Saints and BYU encourage members and students to get involved with their local community, network with others, utilize their talents, and learn new skills through volunteering and service activities.

Volunteering Considerations

• The U.S. Department of Labor defines volunteering as donating time with an organization whose primary purpose is civic, charitable, or humanitarian in nature. Remember, you may not receive payment or any type of compensation.
• You may not offer to volunteer for a position:
  
  • which is normally paid, or
  • for which you will be paid later.