Do Unpaid Interns and Volunteers Need Form I-9?

Genuinely unpaid interns and volunteers generally do not need Form I-9 when they provide no services in exchange for wages or other remuneration. Paid interns generally do. The difficult cases involve stipends, housing, allowances, or other benefits that may compensate someone for their work.

For HR teams running internship cohorts or volunteer programs, the safest starting point is the actual arrangement—not the job title or whether someone appears in payroll.

What determines whether Form I-9 is required?

Form I-9 documents identity and employment authorization for individuals hired for employment in the United States. The federal definitions underlying these requirements focus on services or labor performed for wages or other remuneration. Independent contractors are excluded from the employee definition.

That creates an important distinction: “Unpaid” must describe the substance of the arrangement, not simply the absence of an hourly wage.

An offer letter calling someone a volunteer does not settle the question if the organization provides compensation in exchange for services. Conversely, participation in a legitimate, genuinely uncompensated volunteer activity does not automatically create an I-9 obligation.

Employers can review the definitions in 8 CFR § 274a.1 and the USCIS Handbook for Employers, M-274. Confirm current agency guidance before changing an onboarding policy.

How common internship and volunteer arrangements differ

Paid interns

An intern hired as an employee to perform work in the United States generally needs Form I-9, just like another new employee. A short assignment, student status, or academic-credit arrangement does not remove that requirement.

For example, a company hiring students for a paid summer program should include them in its employee I-9 workflow. Calling the program an educational experience does not replace employment verification.

Genuinely unpaid interns

An intern who receives no wages or other remuneration generally does not need Form I-9. However, the employer must separately assess whether the internship may lawfully be unpaid.

Those are two related but distinct questions:

• I-9 question: Is the person performing services for wages or other remuneration?
• Wage-and-hour question: Does applicable law require the organization to treat the person as an employee entitled to pay?

Skipping Form I-9 does not validate an unpaid internship. Likewise, a signed agreement accepting unpaid status does not resolve every employment-law issue.

Genuine volunteers

A genuine volunteer providing services without wages or other remuneration generally does not need Form I-9.

But organizations should not assume that any role can legally be designated a volunteer position. Volunteer arrangements raise separate wage-and-hour questions, particularly at for-profit businesses. Nonprofit status also does not automatically make every unpaid arrangement permissible.

Review the role before recruiting participants, rather than asking onboarding staff to resolve its classification on the first day.

Do stipends, housing, or other benefits change the answer?

They can. Remuneration is broader than a regular paycheck and may include noncash compensation.

Flag arrangements involving:

• A fixed weekly or monthly stipend.
• Housing or meals provided in exchange for services.
• Living allowances tied to participation or work.
• Payments described as honoraria or completion awards.
• Benefits funded by a school, grant, or another organization.

These items require review; the list is not a rule that every payment creates employment. A documented reimbursement of actual expenses may be different from compensation for work. Similarly, the identity of the payer does not, by itself, settle the host organization's responsibilities.

Collect the program agreement, payment terms, reimbursement policy, and description of duties. Have qualified counsel evaluate ambiguous arrangements before deciding whether to exclude participants from I-9 onboarding.

Avoid a universal rule such as “stipends never count as pay” or “any reimbursement requires an I-9.” Both skip the underlying facts.

Keep the unpaid-internship analysis separate

For internships at for-profit employers, the U.S. Department of Labor describes a “primary beneficiary” test for determining whether an intern is an employee under the Fair Labor Standards Act. Its Fact Sheet #71 discusses factors such as educational training, connection to coursework, and whether the internship complements rather than displaces paid employees.

That analysis is not a substitute for reviewing I-9 obligations. State and local requirements may also differ from federal wage-and-hour standards.

A practical approval process should therefore document two decisions separately:

1. Whether the proposed unpaid arrangement is permissible under applicable employment laws.
2. Whether the arrangement requires employment eligibility verification.

HR should not be expected to infer both answers from a manager's request to create an “unpaid intern” record.

What if an unpaid intern becomes a paid employee?

A genuine transition to paid employment triggers the normal new-hire I-9 process.

Generally, the employee completes Section 1 no later than the first day of employment, and the employer completes Section 2 within three business days after that first day. For employment lasting fewer than three business days, Section 2 is due on the first day.

Use the beginning of the paid employment relationship—not the date the first paycheck arrives—to organize onboarding. An intern starting compensated work on Monday does not wait until payday to complete employment paperwork.

If the review instead reveals that the person was already an employee, do not treat the discovery as a clean new start or backdate a form. Escalate the issue for appropriate corrective action.

For routine conversions, a standardized Form I-9 compliance checklist helps managers communicate the change before work begins.

Do international students follow different rules?

Student or immigration status does not replace the basic assessment of whether an I-9 employment relationship exists. Employers should not require an I-9 only from unpaid participants who appear to be foreign nationals.

At the same time, an unpaid role is not automatically permissible under someone's immigration status. The absence of an I-9 requirement should not be treated as confirmation that a particular activity is authorized.

International students may need guidance from their designated school official or qualified immigration counsel. When an individual is hired for employment, follow the normal I-9 process and allow them to choose acceptable documents from the applicable Lists of Acceptable Documents.

Build one review process before onboarding

For employers managing multiple programs or locations, a short intake process can prevent inconsistent decisions:

• Describe the work: Record duties, location, supervision, and program duration.
• Identify all compensation: Include cash, noncash benefits, reimbursements, and third-party funding.
• Assign a reviewer: Route uncertain arrangements to HR and qualified counsel.
• Record the decision: Keep the program rationale separate from any required I-9.
• Monitor changes: Reassess when duties, benefits, or payment terms change.

Once a participant is classified as an employee requiring verification, a consistent workflow such as Clear I-9 can support the resulting onboarding process. Technology should execute the decision, not substitute for the classification review.

This article provides practical information, not legal or tax advice. For help organizing I-9 workflows across internship programs and other employee populations, contact Trak Services.