Unpaid Internship Considerations

Since it is understandable to believe that participating in unpaid internships and volunteering to gain work experience is within the law, we strongly recommend that you obtain government employment authorization before engaging in any internship or internship-like experience. The government considers unauthorized employment as an extremely serious violation of F or J status.

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

The U.S. government Utah State have laws government paid and unpaid work. The criteria regarding what constitutes a legitimate, bona fide unpaid internship is 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

Departments 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

Utah State Law

Volunteering Considerations

The Church and BYU encourages members and students to get involved with our local community, network, utilize skills and learn new ones through volunteering and service activities.

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 cannot offer to volunteer for a position:

• which is normally paid, or
• for which you will be paid later

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FAQs (Frequently Asked Questions)

• Do I need work authorization to accept an unpaid internship?

  • You are not required to obtain work authorization to engage in an unpaid internship that meets all the criteria. Ask in advance what paperwork the organization requires from you to start your unpaid internship.
  • If the company wants you to complete an I-9 Employment Authorization Verification form, it means they consider it to be an employment relationship requiring authorization even if you are not being paid. If you have completed your program, you need F-1 OPT or J-1 Academic Training authorization for both paid and unpaid positions.

• Can ISSO give me a letter of permission to do an unpaid internship?

  • ISSS can authorize Curricular Practical Training (CPT) for both paid and unpaid positions.
  • If the unpaid internship is not CPT-eligible, we are not able to vet unpaid internships for compliance with labor laws and are not authorized by regulation to give permission.

• Do I need work authorization for a volunteer position?

  You are not required to obtain work authorization to engage in legitimate volunteer activities.

• How do I prove that my position was an unpaid internship or a volunteer position?

  We advise that you get documentation from the organization explaining the nature and terms of your work, and keep this with your other immigration records.