H4 - Volunteer Work

[sang521]

My current status is H1 and my wife is on H4. 

 

My question is can my wife work voluntarily ( without any pay)  for a company (direct client no middle layers). If the employer likes he might do H1 in future. 

 

I just want to know working Voluntarily is legal ? Is there any issues around this ? 

 

Thanks in advance.. 

[jairichi]

My current status is H1 and my wife is on H4. 

 

My question is can my wife work voluntarily ( without any pay)  for a company (direct client no middle layers). If the employer likes he might do H1 in future. 

 

I just want to know working Voluntarily is legal ? Is there any issues around this ? 

 

Thanks in advance.. 

No, on a H4 your wife cannot volunteer for any work.

[catx]

The simple answer is no, such voluntary work is not allowed.  Even without pay it would still be deemed U.S. employment, and would be unauthorized, illegal work.  There are two legal issues at play ... (1) if the job is or would be done by paid employees, then it is deemed employment under U.S immigration law, and (2) such 'volunteering' is often also a violation of U.S. employment law.  (The practice by questionable employers of employing people on OPT employment authorization as unpaid interns or volunteers and then charging clients for their work is being found illegal.  This could well be a similar situation.)

 

The only 'work' allowed on a H-4 visa is volunteering where all other persons are also volunteers.  Typically this is for a non-profit, charitable organization such as a church.

[JoeF]

No,that is NOT possible. A person on H4 can not work at all, not even for free.

[t75]

Avoid this employer like he had the plague!  Any employer who would make that suggestion knowing the person's immigration status is a problem.