Lately a number of people have asked me whether a nonimmigrant visa holder can “work for free,” or just stock options?
All workers in the U.S. are required by law to prove they have a right to work at the time they take up new employment, U.S. citizens and green card holders included. Nonimmigrants must have work authorization. Employment is defined in the USCIS regulations as providing services for wages or “other remuneration.” So, if one works for stock, a place to live or another benefit, that is employment requiring a work permit.
One can volunteer. I volunteered at a lawyer’s office in Washington, D.C. for a few months when in college. It was educational not work. But if one is waiting tables at a restaurant, no one will believe the work is for free. A gray area is where a PhD researcher gives some advice to a new start up. If they do so for stock options that is employment. If they do so out of friendship, it is probably OK. Helping out without pay at Habitat for Humanity or the local sustainability group is also OK.
Martin
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