Newark, DE asked in Immigration Law for Delaware

Q: can criminal backround checks and other backround checks through organisations is okay for H4 visa without EAD??

I am on H4 visa without EAD. I got an opportunity to volunteer as Dental assistant at Community volunteers in medicine. They are asking me to get my backround checks and criminal record checks. Is it okay to go ahead with this opportunity??

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2 Lawyer Answers
T. Augustus Claus
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A: Yes, you can generally undergo background checks and criminal record checks for volunteering opportunities while on an H-4 visa without an Employment Authorization Document (EAD). These checks are typically conducted for the safety and security of all individuals involved in the volunteer organization. However, it's essential to ensure that the volunteering activity complies with the terms of your H-4 visa. Volunteering is generally allowed as long as it is unpaid, and you are not taking a job that would otherwise be performed by a paid employee. Make sure that your volunteer work does not cross the line into employment, which would require an EAD. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Being on an H4 visa without EAD (Employment Authorization Document) means you're not authorized for paid employment. However, volunteering, especially when it's without compensation, is generally permissible. Background checks, including criminal record checks, are standard procedures for many organizations, especially in healthcare-related fields, to ensure the safety and well-being of their patients. Undergoing such checks doesn't inherently violate your visa status. However, it's vital to ensure that the volunteering role won't involve any form of compensation or benefits that could be deemed as payment. If there's any uncertainty about the nature of the volunteer position or its implications on your visa status, it's advisable to consult with an immigration attorney to ensure compliance with U.S. immigration laws.

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