Tag Archives: foreign

may non-citizens & non-green card holders volunteer in the USA? exploring the complicated answer

Someone who manages the volunteer program at a public library here in Oregon wrote me. She said:

Images, in the style of petroglyphs, of people doing various activities, like writing or construction.

I’m looking for input from the field about accepting the non working spouse/family member of an H1B Visa holder, as a volunteer. Because these people do not have social security numbers, our background check process can’t accept them. This is counter to our library mission “For Everyone” and seems to run counter to our sanctuary city status. HR/RISK says it’s an issue largely due to our city’s insurance coverage. I say, I’ve mitigated the Risk and volunteers are not in a position that places them one on one with any patron, staff, or other volunteer. I have also run across information that seems to indicate visa holding people may put their visa status at risk by volunteering. Wondering if you have any words of wisdom I can use to advocate for being able to include these folks who wish to share their time and talent with us, but can’t pass a standard background check. (Don’t get me started on background checks).

I’m going to share the advice I gave her here, edited to protect her identity and organization. Perhaps this might help others.

And I have to start with a disclaimer: I’m not a lawyer, I don’t have a law degree, and so none of this can be considered legal advice. 

In short: I think it’s absolutely fine to involve an HB1 Visa holder, and even someone here on a tourist visa, in volunteering at a nonprofit organization. But stay away from anything that could be seen as an unpaid internship (ongoing role), even for a student. And it gets even trickier with tourist visas.

Let’s get into the details:

How long has the person that does not have a social security number been in the USA? And in that time they have been in the USA, have they been in the same county and state? So, for instance, if the person has been in the same county for a year or more, then there should be a way to do a criminal background check with the sheriff’s department for the time they have lived here. The local police certainly have no problem arresting people without a social security number… but any check with local law enforcement would be for only the time the person has lived in that state. 

Another option depends on what country the person is from. With online volunteers in mentoring programs, I have asked international participants to provide a letter from their local police in the country where they live to say that they are a person in “good standing” – also called a “certificate of good conduct.” Depending on what country they are from, they may be able to get this through their embassy or consulate here, for the area where they lived previously. No police in any country in Europe had any problem supplying such. But I’ve never had to do it for anyone outside of Europe.

Here’s a UK resource that touches on this.

I also think asking for professional and academic references, and following up on those, is a good idea – no matter what country they are in. I did that as well and I’m happy to provide you with the questions I asked them.    

All that said… you should check with other libraries: maybe someone in the New York City or Chicago public library system, Atlanta, etc. And let me know what they say!

“I say, I’ve mitigated the Risk and volunteers are not in a position that places them one on one with any patron, staff, or other volunteer.”

RIGHT?!?! That should be enough! ARGH!!!

“I have also run across information that seems to indicate visa holding people may put their visa status at risk by volunteering.”

Here’s a resource from Dartmouth that can help.

And one from the US Department of Labor, which says “Individuals who volunteer or donate their services, usually on a part-time basis, for public service, religious or humanitarian objectives, not as employees and without contemplation of pay, are not considered employees of the religious, charitable or similar non-profit organizations that receive their service.”

and this also from the US Department of Labor, regarding unpaid internships (a no-no for people without work visas).

I read all of this as it being absolutely fine to involve this couple in volunteering. 

Volunteering can turn into a problem for foreigners in the USA, or trying to come to the USA, on a tourist visa, or “volunteering” (working for free) for a family or for-profit company, even via Workaway or whatever.

For instance, Australian traveler Madolline Gourley visited the USA multiple times over several years to cat-sit in exchange for free accommodation – she was never paid money. But this year, she was stopped while transiting through Hawaii to Canada. Officials at a USA airport determined that what she was doing amounted to unauthorized work. She was detained for hours, her visa waiver was revoked, and she was ultimately deported.

Rebecca Burke,, a graphic artist from Monmouthshire in England, was trying to cross into the state of Washington from Canada when she was refused entry. She was planning to stay with a host family where she would carry out domestic chores in exchange for accommodation. Canadian officials told she should have applied for a working visa, instead of a tourist visa. So she went back to Canada, applied for what she thought was the right visa, and then tried again. But when she tried to re-enter the US she was handcuffed and put in a cell before being taken to Tacoma Northwest detention facility in Washington state.

(Workaway warns users that they “will need the correct visa for any country that you visit”, and that it is the user’s responsibility to get one, but it doesn’t stipulate what the correct visa is for the kind of arrangements it facilitates in any given country. )

But what about people who are going to volunteer for an organization – not pet sit or house sit or garden or whatever in exchange for free housing?

That can be complicated as well.

A group of church volunteers from Canada heading south to do relief work in 2017 in New Jersey were denied entry to the USA for fear they would take American construction jobs. The 12-person contingent from Hamilton’s Rehoboth United Reformed Church intended to spend March break cleaning up and rehabilitating neighbourhoods affected by Hurricane Sandy.

U.S. border law says Canadians do not require a visa to enter the country for volunteer work, as long as they can provide proof that their work will not be compensated. The group was told they had failed to have a letter sent from the host church “paroling” them into the country. The border patrol officer told the group he would grant an exception and let them through if the host church managed to fax or email a letter right away.

When the first letter was deemed “not specific enough” by a border patrol officer, the group asked the New Jersey host church send another, being careful not to make any specific reference to construction. 

“In general, mission teams do team-building, tour mercy ministries of the church (food pantries, re-entry programs, thrift shops, etc) and assist with neighbourhood cleanup projects,” said the second letter. It was this last part that was interpreted as “work for hire,” says Hoeksema. Officers denied them entry after they had been stopped for more than two hours. The group was told that, as foreigners, they would be taking American jobs, and that there was no pressing need for relief work anyway this long after Hurricane Sandy hit the region in 2012.

A U.S. border spokesperson said the refusal came down to documentation. The official said groups doing humanitarian work need to provide documentation in advance from the municipality where the work is to be done stating what they will be doing.

Canadian media outlets reported also in 2017 that four Canadian senior citizens on their way to volunteer as ushers a performance of The Color Purple at the Fisher Theater in Detroit were detained, photographed, fingerprinted and eventually denied entry to the USA because non-American volunteers are only allowed to participate in religious or nonprofit events. The women, who had been volunteering for years at the theater, said they never had a problem before. The then USA Customs and Border Patrol Chief Ken Hammond told the Detroit Free Press that he can’t discuss individual cases for privacy reasons, but he referenced the Immigration and Nationality Act, stating that aliens volunteering in a program that benefits USA communities must establish that they are members of and are committed to “a particular recognized religious or nonprofit charitable organization.” 

The Fisher Theater is a FOR-profit (commercial) theater. Had it been a nonprofit theater, even with a for-profit Broadway touring show playing, they PROBABLY wouldn’t have been turned away at the border if they had been carrying a letter from the theater with their 501 c 3 number and a statement that this was a nonprofit organization, stated their mission, and they reserve usher roles specifically for volunteers as a part of their commitment to ensure the arts are accessible to more people.  

I have been telling people from other countries who are coming to the USA on a tourist visa but who might volunteer while here to say to the border enforcement folks that they are coming here as a tourist and to be absolutely open about all the places they plan to visit, and even say “I plan on attending the WHATEVEREVENT (cycling event, running event, motorcycle rally, etc.)”, but do NOT volunteer the information that they will be volunteering. Just emphasize how much they love cycling or running or motorcycling. And to make sure they do NOT have a post on social media saying, “Hey, I’m going to the USA to volunteer at the WHATEVEREVENT!” Carrying a letter from the organization where you are going to volunteer, stating that the organization is a 501 c 3 nonprofit, stating that the role you are doing is one they reserve specifically for volunteers, and with a statement as to WHY they do that (eg “we believe volunteer engagement is a way for people who care about such-and-such to be involved in this cause that they care about in a way that is more intimate and meaningful than merely attending the event”) can be helpful if you need to say that, as part of your traveling, you will be volunteering.

I am not encouraging anyone to do something illegal per the advice in that previous paragraph. But border agents in the USA make mistakes and currently are looking for ANY reason to turn foreigners away, or even arrest people trying to come into the country, including the wrong reason.

I’ve been telling people that are from other countries that are coming here to blog about their trip to either not come at all (there’s a pretty famous motorcycle blogger, Itchy Boots, who cancelled her US trip to promote her book because of the nonsense at the US border) or to NOT mention their YouTube channel or blogging when they are interviewed – emphasize you’re touring the US as a backpacker or whatever, period. 

— end —

Also see Welcoming Immigrants as Volunteers to your Nonprofit.

If you have other advice, please share it. Please cite sources – no “I think I heard that…”

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A blend of international & local volunteers can “decolonize” humanitarian development

image of four human like figures holding hands in a circle

A May 2022 report from VSO and Northumbria University in the UK says that changing how international and local volunteers work together, rather than eliminating the involvement of foreign volunteers abroad entirely, can decolonize humanitarian development, so that foreigners are no longer in control of decision-making and so that racist and discriminatory structures are addressed and dismantled.

The research, based on interviews and participatory workshops with volunteers, community representatives and VSO staff, found that there was no “one-size fits all” approach to designing and putting in place successful “volunteer combinations”. The report emphasizes that there is a need to adapt volunteer planning and management in programs based on local requirements and local learning.

The presence of international volunteers brings energy and donor attention to projects, whilst community and national volunteers enable effective engagement with local communities and increase the likelihood that impacts can be sustained due to their particular knowledges and longer-term involvement. However, there is no simple one-size-fits-all approach that can be applied to constructing a blend of volunteers, as the combination is dependent on the individuals within each blend, the environment around the project and the phasing of the work itself.

The report also warns that “community volunteers” – local volunteers, while crucial to the effectiveness of each blend, risk being sidelined.

Here is the press release summarizing the report.

And here is the full report (PDF).

Also see:

How Will Trump Presidency Affect Humanitarian Aid & Development?

Note: since this blog’s publication in November, I’ve been adding how Trump’s presidency actually is affecting humanitarian aid & development:

How will the Trump Presidency affect humanitarian aid and development policy and practice?

And how will it affect humanitarian aid and development workers from the USA?

Effects on the work

2015-07-21-SDGsAid and development efforts in the last 10 years have made amazing strides in terms of addressing issues that make many people, even a majority of people, very uncomfortable, even angry. It’s oh-so-popular to put in a well for drinking water or to build a school for young children or to provide maternal health care, but it’s rarely as popular in those same communities to encourage women to demand their sexual partners to use a condom to prevent HIV/AIDS, or to suggest a plan for providing housing and other help for refugees from other countries. Women’s equal rights to education, life choices, roles in society and employment are now unquestioned in the policies of most international development agencies, including the United Nations, something I wasn’t expecting when I started working internationally. Honestly, I fully expected some kind of “out” in UN policy documents to allow local people to refuse rights for women, if the refusal was based on religious or cultural grounds. But the UN has stood firm, at least officially. Yes, the UN and other aid agencies absolutely look for accommodation within local cultural and religious practices, they absolutely encourage recognition of local values, and that may mean your meeting with a local village is segregated, with all the men in one place, and all the women in another. It requires very delicate maneuvering at times, but the core policy and priority regarding women’s rights, and other rights, does not change.

Reaching women in socially-conservative areas, like Afghanistan, can be an incredible challenge, as you navigate a culture that does not want women in public and is easily angered if they perceive an attack on their religion. And just because local senior staff are singing the praises of gender mainstreaming doesn’t mean the staff they supervise has bought in. But, as an aid worker, you have to find a way. It is your mandate. You find a workaround. Because you know that full civil rights for all people is the only way a country can prosper and become resilient to corruption, crime, and armed civil unrest, and when civil rights for any residents are curbed, officially or by widespread cultural practice, the entire country suffers, and your aid and humanitarian efforts will ultimately fail.

Something that shocks a lot of people is that the UN has a human rights mandate that includes rights for people that are lesbian, gay, bisexual, transgender and queer (LGBTQ). The United Nations Free & Equal initiative is on Twitter (@free_equal) and on Facebook. It is an initiative of the Office of the High Commissioner for United Nations Human Rights. There is this video from the UN Secretary General in support of the Free & Equal initiative. I was stunned, and thrilled, to find this out a while back. It’s a daring position, given the majority attitudes about LGBTQ people throughout the world, including right here in the USA. In promoting equality and human rights, it’s a great comfort to know that a major international development agency has your back, policy wise.

The United States Agency for International Development (USAID), a government agency, also has the  LGBT Global Development Partnership. It was put into the planning and formation stages by Secretary of State Hillary Clinton and then launched in April 2013 under the tenure of Secretary of State John Kerry. The initiative works to strengthen the capacity of local LGBTQ leaders and civil society organizations in developing countries and to enable the economic empowerment of LGBTQ people in those countries through enhanced entrepreneurship and small and medium-sized enterprise development.

The UN and USAID initiatives in support of LGBTQ people are in response to the violence, economic hardship, stigma and political marginalization that are a daily fact of life for millions of LGBTQ people throughout the world. These people experience a lack of employment opportunities, discrimination in access to health care, housing and education and violations of their civil rights regularly because of their sexual preference. 83 countries and territories currently criminalize LGBTQ behavior or identification, and at least eight have laws allowing the imposition of the death penalty for same-sex relations. These USAID and UN initiatives are desperately needed, as are women’s empowerment initiatives. As are initiatives to help refugees. As are initiatives to help religious minorities. As are initiatives to help people with disabilities. And on and on.

But now, the USA elections of 2016 show that the majority of people in the USA support politicians dedicated to eliminating the civil rights gained by LDBTQ people in the USA over the last five years. Donald Trump is on the record as planning to create a militarized deportation force to remove 11 million undocumented immigrants from the USA, to ban the entry of Muslims into the USA and aggressively surveil any Muslim already here, to punish women for accessing abortion once he makes it illegal with the help of his Supreme Court appointees and Congress, and to change our nation’s libel laws and to restrict freedom of expression and freedom of the press. He talks about fully militarizing and otherwise empowering police to enforce “law and order” regarding Black and Latino Americans and other racial minorities in their own communities. He has said climate change is a “hoax” and that he will eliminate all government programs that address such. He promotes myths about vaccine safety. International programs that run contrary to these soon-to-be official policy positions in the USA, that run contrary to the values of many millions of Americans who support this administration, are now in severe danger of being eliminated as well.

Even if all of these initiatives are, miraculously, not cut by the Trump administration, they will be much, much harder to deliver in years to come by aid and development workers. Why? Because any local person can look an American aid worker right in the eye and say, “Why are you promoting something – freedom of the press, rights for immigrants, rights for gay people, reducing car emissions, reducing green house gases, increasing wind and solar energy, vaccines for children – that most people in your own country do not support?” Any person can say, “Your own President mocks powerful public women, and brags of sexually assaulting them. Why is it wrong that men in my country are doing the same as him?” People in developing countries intensely watch what happens in the USA, and they are always on the lookout for hypocrisy, for the USA demanding something of another country that it does not do itself. That a majority of American voters support a political party and government lead by a man who promotes nativism, authoritarianism, misogyny and racism will fuel these movements in other countries, resulting in pushback against humanitarian aid and development workers’ efforts for the rights of women, the rights of ethnic and religious minorities, the rights of LGBTQ people, the rights of immigrants and refugees, and on and on.

US development policy can—and has—lifted millions out of poverty and social exclusion, and played a role in transforming countries for the better and creating peace and prosperity where it would not be otherwise. Travel the world, talk to people, you hear the stories over and over, in Africa, in Eastern Europe, and even in Afghanistan, by people that have experienced this transformation first hand. Yes, there is still vast amounts of work to do, and many gains are fragile, but that lives have improved and business has flourished because of USAID and similar efforts simply cannot be denied. These programs not only benefit local people in their everyday lives; they also create social and economic stability that, in turn, creates a market for USA-made products and reduces the need for American military action. A lot of support for USAID and other development agencies comes from a motivation for growing the USA’s markets overseas rather than any feeling of compassion – and I’m okay with that, because such investment still helps local people, which is MY motivation. Weak or failed states are havens for armed criminal groups, some motivated by religion but most motivated by greed, and these groups not only keep their home country in chaos, they also destabilize neighboring countries. Human freedoms in such countries are at risk – and so are their economies, and all the economies attached to such. And that includes the USA. Natural disasters, including pandemics, also destabilize countries – which, in turn, threatens surrounding countries – and ultimately threatens the USA.

Nancy Birdsall and Ben Leo wrote in White House and the World:

Gender discrimination, corruption, lack of opportunity, and repressive governments in many parts of the developing world are an affront to universal values. America is often the only actor capable of marshaling the resources, political capital, and technical know-how required to address these tough issues.

In addition to security threats, the US economy and the American workforce are more reliant than ever on developing-country markets. US exports to developing countries have grown by more than 400 percent over the last 20 years. Today, they total more than $600 billion annually and are greater than US exports to China, Europe, and Japan combined. Brazil, Colombia, India, Korea, Malaysia, Turkey, and other countries are leading markets for US exports. Three decades ago, these were relatively poor countries that offered limited US export potential. Populous countries like Bangladesh, Ethiopia, and Nigeria have the potential to be the next wave of emerging markets. It makes strategic sense to further advance America’s global prosperity agenda, thereby helping to grow middle-class societies that drive democratic change, promote peace with their neighbors, and reliably purchase US products and services.

Even if what happened far away didn’t affect the USA, I would still want to help – that’s who I am – but the reality is that even neo-liberals have acknowledged this reality, hence why even Republican Presidents in the USA in the last three decades, until now, have supported the idea of a global economy and foreign aid.

(for USA-based readers, particularly Trump supporters – the term neo-liberal doesn’t mean left wing. In the rest of the word, the word liberal means someone who believes unfettered free market capitalism is the best economic and social policy for the world – in the USA, we call those people libertarians or Republicans).

Effects on aid workers

Trump has said he will reauthorize waterboarding and other forms of torture. This, coupled with his stated attitudes about Muslims, immigrants and refugees from Syria, has the potential to put workers in aid and development from the USA, working abroad, in further danger than they already face. It is yet another thing people from the USA working in humanitarian aid and development must consider, must be mindful of as they are offered posts abroad, and must think about as they navigate another country’s landscape.

Distancing yourself from these policies and statements on social media, including Facebook, might adversely affect your employability with USAID and international agencies that receive funding from the US government during the Trump President and Republic control of the federal government, however, such posts could also help you in your work with people from other countries, people angered and further disempowered by Trump’s foreign policy. That doesn’t mean you post anti-Trump memes on Instagram or are ever have to say publicly who you voted for. It could mean posting sometimes on social media of your support of and concern for Muslim Americans, Syrian refugees, people in Yemen, Afghanistan, Iraq, Iran, the Occupied Palestinian territories, human rights for immigrants, etc., and your condemnation of waterboarding, torture and any violations of human rights.

It was already difficult for female aid workers to complain about sexual harassment on the job; when I complained about such 10 years ago, while doing field work, I was told by a UN HR manager, “Well, you just have to ignore it and not let it bother you. If you can’t, you can always quit.” That’s the usual response, I quickly learned when talking to colleagues. But now, women aid workers from the USA are going to be at even greater risk of sexual harassment and assault because of the Trump presidency. The incoming President has, by his statements and behavior, made it acceptable for anyone, including politicians and other government representatives, to rate women by their looks and to insult women reporters, politicians, artists and celebrities with most vile statements about their character, appearance – even their sexuality. His bragging about sexual assault also normalizes such behavior in the minds of many men, in the USA and abroad. Megyn Kelly, a reporter for the politically right-wing Fox News channel, noted to Trump during a Presidential debate she moderated: “You’ve called women you don’t like ‘fat pigs,’ ‘dogs,’ ‘slobs’ and ‘disgusting animals.’ Your Twitter account has several disparaging comments about women’s looks. You once told a contestant on ‘Celebrity Apprentice’ it would be a pretty picture to see her on her knees.” Imagine a female aid worker having such comments directed at her by men she is working with, and when she says these comments are inappropriate, is told, “But it’s what your own President says!” It will be hard to demand such comments stop when the head of the most power country on Earth is saying the same.

For male aid workers in particular, repeated statements on social media and as a part of your aid and development work in support of women’s equal rights and respect for women, as well as condemnations of sexual harassment and assault, can help counter the dangerous narrative being established about acceptable treatment of women. More than ever, your female colleagues need you to speak up when you hear people you are working with joking about sexual assault or women’s behavior.

Final thoughts for now

It’s all quite dire, I know. But it’s based on what Trump and GOP members of the House and Senate have said and promised, and therefore, it must be considered as really happening. Organizations and governments abroad that have counted on support from UN and USAID need to think about what they will do if that support vanishes, both the financial support and the rhetorical support. Aid workers from the USA, more than ever before, need to be conscious of how they are perceived abroad, and remember that the safety climate in a place can change dramatically per a rumor or a sound byte on the news. And aid agencies need to revise all of their safety measures for their staff, particularly women, and to think about how they will reinforce their anti-sexual-harassment policies in the face of this new climate.

Also see:

US aid for women’s sexual health worldwide under threat, from The Guardian

Taking a stand when you are supposed to be neutral/not controversial

Update Dec 1

The UN in the Era of Trump from Centre for Policy Research, United Nations University

The $64,000 Question: Can the UN Survive the Trump Era?, from PassBlue.

Battles to end poverty, inequality will falter in Trump era, experts predict, from Reuters

Also, I’ve gotten two comments from people taking issue with my comment “the USA elections of 2016 show that the majority of people in the USA support politicians dedicated to eliminating the civil rights gained by LDBTQ people in the USA over the last five years.” It is true that Secretary Clinton garnered more votes on election day – and that her lead in the results continues to grow: As of Dec. 1, Clinton has garnered 65,152,112 votes, compared to Trump’s 62,625,928. That’s a margin of 2.53 million votes. The Democratic Party nominee’s margin in the popular vote is also rapidly approaching 2 percentage points. But I’m not sure the vote really does represent what a majority of Americans think. Perhaps I’ve got more access outside the bubble than a lot of folks, but being from a rural part of the USA, I see and hear a jaw-dropping amount of glee over the soon-to-come rollback regarding civil rights gains in the USA. There’s no question in my mind that this is, indeed, what a majority of people in the USA want – and that’s something we need to accept in order to address and change it.

Update:
Donald Trump might be more popular than you think, from Politico, Feb. 2, 2017

Update January 13, 2017

From an article today in The New York Times: “a series of questions from the Trump transition team to the State Department indicate an overall skepticism about the value of foreign aid, and even about American security interests, on the world’s second-largest continent… the tone of the questions suggest an American retreat from development and humanitarian goals, while at the same time trying to push forward business opportunities across the continent.” The article says, “The questions seem to reflect the inaccurate view shared by many Americans about how much the United States spends on foreign aid and global health programs.” In the article, Monde Muyangwa, director of the Africa program at the Woodrow Wilson Institute, noted that “the framing of some of their questions suggests a narrower definition of U.S. interests in Africa, and a more transactional and short-term approach to policy and engagement with African countries.” Ms. Muyangwa said the queries could signal “a dramatic turn in how the United States will engage with the continent.” The article notes that Former President George W. Bush quadrupled foreign assistance levels to African countries during his term, and President Obama largely maintained that, even as his administration was making cuts elsewhere.

Update Jan. 26,  2017

More from undispatch.com Trump dramatically expanded the scope of the Global Gag Rule to include all global health assistance provided by the US government. Rather than applying the Global Gag Rule exclusively to US assistance for family planning in the developing world, which amounts to about $575 million per year, the Trump memo applies it to “global health assistance furnished by all department or agencies.” In other words, NGOs that distribute bed nets for malaria, provide childhood vaccines, support early childhood nutrition and brain development, run HIV programs, fight ebola or Zika, and much more, must now certify their compliance with the Global Gag Rule or risk losing US funds.

Update February 8, 2017: Charities Say That Trump’s Refugee Ban Will Be “Incredibly Problematic” For Their Work Abroad. Charities operating in countries on the US president’s banned list, or employing staff with dual nationality from these nations, also warned the ban would jeopardise their work. A nonprofit has said plans to have Syrians speak to the US Congress have had to be shelved.

Update February 27, 2017: With aid under attack, we need stories of development progress more than ever – from the Overseas Development Institute (ODI), the UK’s leading independent think tank on international development and humanitarian issues.