NYC2010

Asking for a friend who asked me to post on this forum. She is on an E1 visa and waiting for an EAD. My view was that is was risky but I wondered what you all thought.

Hey. Question re working whilst waiting for the work visa to come through - I’ve been offered a regular yoga class at a nearby studio once a week. The manager has said that they’ll give me credit for the studio whilst I wait for my work visa to come through - ie I’ll be teaching in exchange for classes at the studio. Do you know if this will/could effect my work visa and considered payment? 😬

Nutmegger

Your friend is being paid with the classes that other people are handing over money for, thus she is being remunerated in kind.

Noorah101

No, not allowed.

Rene

Guindalf

It's a position which would normally be paid and remuneration in kind is the same as receiving payment, so th above advice is correct. It's not allowed!

crg

I agree. Any voluntary work must be for a recognized charitable organization or religious organization benefiting the community at large. There is no volunteering for a commercial enterprise.

The credit being granted for the work is the same as payment.

JosiesJourney

I'm waiting on EAD just now. I heard (from someone, can't recall who!) that voluntary work is also not allowed. Is your advice (crg) taken from somewhere official? If so that's good news that I can do some voluntary work....

Thanks

J

crg

B2 visitors can participate in a voluntary service programs. That's religious/charitable volunteer work. You can't help out a commercial/business entity. It's likely that an L2 would also be able to do the same type of activity if even a visitor could do it. The voluntary service program would have to be within the guidelines. I underlined some important points. You can't sell stuff. You can't take/seek donations.

Here's a link to the DOS FAM: https://fam.state.gov/fam/09fam/09fam040202.html

9 FAM 402.2-5(C)(2) (U) Participants in Voluntary Service Programs
(CT:VISA-193; 09-28-2016)
a. (U) Aliens participating in a voluntary service program benefiting U.S. local communities, who establish that they are members of, and have a commitment to, a particular recognized religious or nonprofit charitable organization. No salary or remuneration should be paid from a U.S. source, other than an allowance or other reimbursement for expenses incidental to the volunteers’ stay in the United States.
b. (U) A “voluntary service program” is an organized project conducted by a recognized religious or nonprofit charitable organization to assist the poor or the needy or to further a religious or charitable cause. The program may not, however, involve the selling of articles and/or the solicitation and acceptance of donations. The burden that the voluntary program meets the DHS definition of “voluntary service program” is placed upon the recognized religious or nonprofit charitable organization, which must also meet other criteria set out in the DHS Operating Instructions with regard to voluntary workers.
c. (U) You must assure that the written statement issued by the sponsoring organization is attached to the passport containing the visa for presentation to the DHS officer at the port of entry. The written statement will be furnished by the alien participating in a service program sponsored by the religious or nonprofit charitable organization and must contain DHS required information such as the:
· (U) Volunteer’s name and date and place of birth;
· (U) Volunteer’s foreign permanent residence address;
· (U) Name and address of initial destination in the United States; and
· (U) Volunteer’s anticipated duration of assignment.