F-1 OPT UNPAID VOLUNTEER (Maintain Nonimmigrant Status With WHO MENTORS YOU INC.)

For the F-1 OPT EAD holder, the 90-day unemployment clock is a drumbeat calling you toward your future. You earned your U.S. degree; now you must protect your status through qualifying service. Every sunrise is a new chance to secure your place in the United States. You have not come this far to let a timer define you.

The Federal Definition of "Employment"

Many students believe only high-paying roles with large companies stop the clock. However, SEVP Policy Guidance 1004-03 clarifies that unpaid service can be qualifying employment. To remain safe, you must choose the correct path. Only two out of three path stops the unemployment clock. Path 3 is discussed in a different post.

Path 1: General Gratuitous Service (Does NOT Stop the Clock)

This is when an individual performs work for civic or humanitarian reasons for a 501(c)(3) tax-exempt organization.

• Compensation: Service is offered freely without any expectation of pay.
• Hours: There are no set hours.
• EAD: You do not need an EAD for this, as it is not "employment."
• Visa Impact: Because this is not "employment," it does NOT stop your 90-day clock. Reporting this as "OPT Employment" violates SEVP requirements.

Path 2: Qualifying OPT Volunteering (STOPS THE CLOCK)

To stop the 90-day clock, your service must meet the federal definition of "unpaid employment" under SEVP Paragraph 7.2.1.

• EAD: You must have a valid EAD card in hand to begin.
• Major: The work must relate directly to your main area of study.
• Hours: You must work at least 20 hours per week.
• Evidence: You must maintain records of your service.

The Legal Standard for Qualifying Service

To ensure Path 2 service is valid, it should align with the standards in Van Dusen v. Commissioner, 136 TC 515 (2011). U.S. courts look at four factors to decide if a volunteer provides real service to a 501(c)(3) organization:

1. Affiliation: The strength of your connection to the organization.
2. Initiation: The organization's ability to request specific tasks.
3. Supervision: The organization’s active management of your work.
4. Accountability: Your duty to be answerable to the organization.

Advancing Funds for Operations

WHO MENTORS YOU INC. is a Delaware Charitable Nonstock Corporation recognized by the IRS as a 509(a)(2) and 501(c)(3) tax-exempt organization. To maintain the supervision and accountability required by the Van Dusen standards, we utilize program service revenue.

As a volunteer with the means to do so, your contributions represent an advancement of funds for the operation of the organization. This model is supported by federal law:

"Our interpretation of the statute... promotes the public purpose of encouraging... significant support of [a 501(c)(3) organization] by volunteers of substantial means who advance their own funds for the operation of [the] organization." — Rockefeller v. Comm'r, 676 F.2d 35, 42 (2d Cir. 1982)

The Risk of Incorrect Reporting

SEVP Broadcast Message 1805-01 warns that reporting service not related to your degree as "OPT employment" is a violation. If you are unemployed for more than 90 days, you must leave the United States. Ensure your service meets the Van Dusen criteria to remain compliant.

Secure Your Status with WHO MENTORS YOU INC.

You are not alone. Let your ambition lead you to the door of opportunity. WHO MENTORS YOU INC. provides the supervision and accountability required to ensure your degree-related service protects your status while you build your career in the USA.

Do not delay! What counts as time unemployed? Each day (including weekends [and federal holidays]) during the period when OPT authorization begins and ends that the student does not have qualifying employment counts as a day of unemployment. OPT authorization begins on the employment start date shown on the student’s EAD.

NOTE: IRS Rev. Rul. 76-205, 1976-1 C.B. 154, holds that a 501(c)(3) organization can aid immigrants (including nonimmigrants) in overcoming social, cultural, and economic problems by providing personal counseling, referrals to helpful agencies (like the county clerk or the Secretary of State), social and recreational activities, instructing in English, and facilitating a free online zoom session containing information on maintaining nonimmigrant status is operated exclusively for charitable and educational purposes and qualifies for exemption under section 501(c)(3) of the Code.