SEVP: Broadcast on General Information Volunteer Positions

From time to time, ICE’s Student and Exchange Visitor Program (SEVP) will broadcast messages informing students about certain regulations. Although the messages are informative, and reflect federal policy, the broadcast is not law. Last month, the SEVP released a broadcast informing students that the certain volunteer positions are not valid under the optional practical training (OPT) employment program.

General Information Volunteer

Optional practical training allows students to remain in the United States for a year or more for an internship, training program, or volunteer experience. In the broadcast released last month, volunteer positions, that are not directly related to a student’s course of study do not qualify as position under the OPT program. Often, students are unable to find opportunities that relate to their major or field of study. Therefore, after graduation, some students decide to take a position that is not related to their intended career. However, if the students reports a position that is unrelated to their course of study, the report will be seen as a violation of the requirements under the OPT. Violations will subject students to removal procedures. If someone is employed under a non-qualifying volunteer position, the accrual of unemployment will not cease. After 90 days of unemployment under OPT, students must leave the United States. Therefore, students in non-qualifying positions have less than three months to leave, regardless if they a volunteer. This broadcast does not apply to STEM OPT, which requires a non-volunteer position.

According to this broadcast, if a student graduated with a degree in economics, but obtained a volunteer position with a psychiatric hospital, and none of the training focused on economics, the student would begin accruing unlawful presence after 90 days. If you have any questions about your OPT, feel free to contact our office.