pjiang's information
为了使信息便利于后人的查阅，我把pjiang的
信息和原贴专贴至此，法律条文对外国人如此之多，
还是小心为好，不要盲目的因文生义，产生麻烦 -------------- The following describes the U.S. Citizenship & Immigration
Service (USCIS) interpretation of the concept of “work” versus “volunteering.”
• 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) views 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 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 nonimmigrant
visa petition or a labor certification
application? Recently, the INS indicated that an
applicant for change in nonimmigrant status could not
offer his or her services to a prospective employer on
a 'volunteer' basis. The INS 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. The
ultimate question in most volunteer cases will be: What
did the alien expect in return? If he or she expected
compensation, reward, or future benefit, then the
volunteer work probably violates status. (95-05 Immigr.
Briefings 1)
为了使信息便利于后人的查阅，我把pjiang的
信息和原贴专贴至此，法律条文对外国人如此之多，
还是小心为好，不要盲目的因文生义，产生麻烦 -------------- The following describes the U.S. Citizenship & Immigration
Service (USCIS) interpretation of the concept of “work” versus “volunteering.”
• 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) views 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 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 nonimmigrant
visa petition or a labor certification
application? Recently, the INS indicated that an
applicant for change in nonimmigrant status could not
offer his or her services to a prospective employer on
a 'volunteer' basis. The INS 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. The
ultimate question in most volunteer cases will be: What
did the alien expect in return? If he or she expected
compensation, reward, or future benefit, then the
volunteer work probably violates status. (95-05 Immigr.
Briefings 1)
