sethmatch

Hi all

Sorry if this has all been asked before, but it seems that the rules on whether you can volunteer on the VWP are quite case-specific, particularly whether it benefits the community as a whole.

I am basically looking to volunteer for a public interest legal center in the U.S., e.g. a public defenders office or a civil rights organisation. It would involve working on actual cases.

Any thoughts?

I take it if the VWP is not the right route, then I would need a J-1. Is there any material difference between sponsors?

Regards
Seth

ian-mstm

Aside from the deathly statement that the activity "would involve working on actual cases" and you are not allowed to work while on the VWP, then this might be considered a volunteer activity.

Would you be getting *any* benefit whatsoever from the job? Food, housing, shelter, experience, coupons... etc?. If the answer is "no" then one more question... is this activity something that someone would normally get paid for but you (and they) are doing it for free? If the answer is again "no", then it's probably a legitimate volunteer activity - and it's probably something you can do on the VWP.

However, since the VWP only allows you a 90-day visit, there's not much chance of something long-term developing from this... and you can not extend that 90-day visit.

I'm sure others will have thoughts also.

Ian

sethmatch

Thanks Ian - Appreciate the response.

I think the only questionable aspect will be the "experience" factor you mention as a possible benefit. I mean, I suppose you will always gain "experience" like this. The places I'm looking at would usually take law students for this sort of work - but they generally have clear volunteering programs. I think you could also call them unpaid internships, I'm not sure if that changes things.

crg

I agree with Ian. Keep in mind that it must be a non-profit, or religious entity. You can't volunteer for a commercial or business enterprise, even for free. It also must be for something that is generally not compensated.

Unpaid internships generally can't be done within the rules of the VWP.

A person could observe activities at a commercial enterprise but they cannot be paid, cannot perform any work at all while observing, and must pay all of their own expenses, lodging, meals, transportation etc.

meauxna

FWIW, that is what your post read like to me. Interns fall under the J-1 programs.

Bob

I don't know if this is federal, but certainly in MA, internships can only be offered to current students or those who have just graduated from a program.

It sounds like you'd need a J1 for what you are looking to do.