ravioli_21_99
Registered Users (C)
There's been an ongoing debate on what is defined as "work" according to the USCIS. Some would argue that it's only work if you're paid for it. Others, like myself, will argue that it's performing a service for which someone would normally be paid. (irrespective of actually receiving any compensation). In order to assist those people who would make a blunder by working without authorization, I sent an email to Sheila Murthy asking for clarification. This is the reponse from her law office. (Also confirmed on the DOL site). Hopefully, this will make those who are considering working without having an approved/renewed EAD in hand, think twice before doing so.
Regards
Rav
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Thank you for your eMail. The definition of work is more a matter for the Department of Labor than the USCIS. The Department of Labor takes a very strict view with respect to what is defined as work. It is certainly not limited to those situations where a person does not obtain compensation. It is basically those situations where the person receives anything in return for their work, including the promise of future employment. People who are not authorized to work can volunteer, in purely voluntary type situations where they are receiving nothing. This is generally understood to be situations that are primarily charitable in nature. It could potentially also include a situation where the person was doing a standard unpaid internship or something of that nature.
This is a bit of gray and undefined area and we always find it is best to err on the side of caution in these matters.
Dana J. Delott*
Attorney at Law
The Law Office of Sheela Murthy, P.C.
Regards
Rav
**********************************************
Thank you for your eMail. The definition of work is more a matter for the Department of Labor than the USCIS. The Department of Labor takes a very strict view with respect to what is defined as work. It is certainly not limited to those situations where a person does not obtain compensation. It is basically those situations where the person receives anything in return for their work, including the promise of future employment. People who are not authorized to work can volunteer, in purely voluntary type situations where they are receiving nothing. This is generally understood to be situations that are primarily charitable in nature. It could potentially also include a situation where the person was doing a standard unpaid internship or something of that nature.
This is a bit of gray and undefined area and we always find it is best to err on the side of caution in these matters.
Dana J. Delott*
Attorney at Law
The Law Office of Sheela Murthy, P.C.