The H-1B status authorizes you to work only for the employer who sponsored the petition, in the role and under the conditions approved. For this reason, any side activity must be carefully evaluated to avoid constituting unauthorized employment.
Genuine volunteering is generally acceptable when it takes place at nonprofit organizations, is truly uncompensated, and does not fill a position that would normally be paid. The issue is that a startup almost always operates for profit, and helping for free in a role the company would otherwise hire and pay for can be interpreted as unauthorized employment.
- The authorized work under H-1B is that of the sponsoring employer.
- Volunteering typically presupposes a nonprofit entity and the genuine absence of compensation.
- Working for free to gain experience at a for-profit company is a risk zone.
Since the line between volunteering and unauthorized employment depends on the specifics of each case, it is worth confirming your situation with the USCIS or an immigration attorney before taking on any unpaid activity.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.