Asked in Immigration Law for New York

Q: Can I continue volunteering as a photographer if I'm working as an software engineer for an entertainment company?

I am currently working as a software engineer at a media & entertainment company while on my STEM extension and wondering this would be considered "for professional benefit" if I volunteer as a photographer as a hobbyist for a local high school sports team. I did get paid as a phtographer back in my home country before moving to the US and put that experience down on my resume when applying to jobs, and also did an unpaid internship for my university on campus. However, I currently only do software engineering and do not get paid taking pictures, but wondering if it is problematic if I had been paid doing this before moving to the US and also because I currently work for a company that is invovled in the entertainment industry.

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2 Lawyer Answers
Ghenadie Rusu
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A: Most likely, volunteering as a photographer for a local high school sports team, especially since it's a hobby and you're not getting paid for it, will not be problematic for your STEM extension status. Voluntary activities that are not for compensation typically don't conflict with the employment conditions of the STEM OPT. However, always ensure that any side activities remain clearly separate from your professional obligations under your visa.

James L. Arrasmith
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A: Volunteering as a photographer, especially in a capacity unrelated to your employment as a software engineer, generally should not pose an issue with your STEM extension status. The key factor to consider is ensuring that your volunteer work does not conflict with the terms of your employment and immigration status. Since your primary role is in software engineering and the photography is purely voluntary and unrelated to your job, it's unlikely to be problematic.

However, it's important to keep in mind that any work done in the U.S. should comply with the terms of your visa. As long as your volunteer photography does not constitute employment or compensation, and doesn't interfere with your primary role as a software engineer, it typically would be considered a personal hobby or interest rather than professional work.

If you have concerns about how this volunteer work might be perceived in relation to your visa status, especially given your past paid experience in photography, it would be wise to consult with your company's HR department or an immigration attorney. They can provide guidance specific to your situation and ensure that your volunteer activities align with your visa regulations. Remember, staying within the boundaries of your visa terms is crucial while in the U.S. on a STEM extension.

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