QUESTION

Could music production for a mixtape and for free, be classified as a volunteer act?

Asked on Jul 05th, 2013 on Immigration - Florida
More details to this question:
I do music production as a hobby. Based on my U.S. visa status(student visa) I am not eligible to work off-campus. Based on immigration lawyers advice, the only type of activity I can legally attend is volunteer activities without getting paid(and it should be regularly be done by volunteers). Given the fact that most of mixtape placement don't have any money involved and is not done in attempt to make money, could it be classified as a volunteer activity for me? Is there anything I have to take care of to make it fit into the definition of volunteer activity?(In bls.gov "Music, Performance, or any other artistic activities" is mentioned as one of the most frequent volunteer activities.) Thank you in advance. http://www.bls.gov/opub/ted/2009/jan/wk4/art01.htm
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
U.S.C.I.S. will generally look to see whether individuals have been paid or compensated in other ways in deciding what is a volunteer activity. A hobby in which you are not being compensated would not be considered unauthorized employment. The advice that you have received that the volunteer activity should be regularly done by volunteers is probably advice on the more cautious side. The main concern would appear to be whether you are compensated for your activities. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jul 11th, 2013 at 11:32 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
It sounds like you already have a lawyer.  I cannot interfere with your existing attorney-client relationship.  Please clarify.
Answered on Jul 05th, 2013 at 8:53 PM

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