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Volunteering & Moonlighting

Volunteering and moonlighting refer to activities outside the scope of the foreign national's employment authorization. Participating in these kinds of activities may violate the individual's visa status. The U.S. Citizenship and Immigration Services (USCIS) provides the following guidance regarding authorized work, volunteering, and moonlighting.

Volunteering may be allowed if the individual does not expect compensation, reward, or future benefit. Many community-based and student based organizations offer opportunities for volunteering. As long as no compensation is involved, and the opportunity is officially advertised as a volunteer position, the foreign national may participate.

If the individual expects compensation, reward, or future benefit, then the volunteer worker probably violates their visa status and is not authorized. This includes the following situations:

• A foreign national cannot perform work as a volunteer in a position that would normally be a paid position or if the foreign national believes that some form of compensation will follow. The U.S. Citizenship and Immigration Service (USCIS) view such volunteering as “work” and requires proper employment authorization issued by that agency. This specifically includes volunteering by a foreign national for a trial period leading up to compensated employment.
• (A)n applicant for a change of status may not offer his or her services to a prospective employer, even on a volunteer basis.
• The volunteer employment is unauthorized as long as the alien derives any benefit from it. (Lawrence J. Weinig, INS Deputy Assistant Commissioner for Adjudications, 66 NO. 19 Interpreter Releases 539).
• In addition, the volunteer rule may give rise to a number of potential abuses:
  • For example, may an employer lawfully suggest to an alien that he or she should do a period of “volunteer” work while the employer is deciding whether or not to file a non-immigrant visa petition or a labor certification application? USCIS has indicated that an applicant for change in non-immigrant status may not offer his or her services to a prospective employer on a “volunteer” basis. USCIS has stated that: “if any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment.” (89-05 Immigr. Briefings 1).
  • Volunteer services for a prospective employer constitute unauthorized employment if the alien will ultimately derive some benefit from the work.

Moonlighting is defined as any professional medical activity outside the usual training experience and includes both compensated and uncompensated (e.g., voluntary) activities. Many visa types are employer-specific, such as H-1B, TN, O-1, & J-1. Business activities are strictly enforced for all nonimmigrant workers and activities at other businesses or organizations must meet USCIS and the U.S. Department of Labor regulations. J-1 Exchange Visitors are prohibited from external moonlighting.

Supplemental Clinical Activity for J-1 Physicians (a.k.a. Internal Moonlighting)

J-1 physicians may be authorized to engage in “supplemental clinical activities” within their training institutions, provided certain conditions are met:

• Activities must take place within the same institution or primary clinical site as the physician’s accredited or non-standard training program.
• Activities must be educationally appropriate and not extend the training period.
• Prior written approval from both the program director and Intealth’s Responsible Officer is required; completion and submission of the Attestation of Supplemental Clinical Activity within the Training Institution form constitutes this approval. The training program, not the individual J-1 physician, must initiate the requests.
• All activities must comply with institutional policies, ACGME work hour limits, and the physician’s core training responsibilities.