Hi Heather,

I think after law school I may be interested in working overseas for an non-profit. Do overseas non-profits count towards the Public Service Loan Forgiveness program?

Thanks!

My interpretation is that a US based 501(c)(3) nonprofit with oversees offices should qualify.  So should work oversees for a US government, like federal military employment.  The answer should turn on the employer, rather than your place of work.  Full-time, paid work for state, local, federal or tribal government positions counts.  So does full-time paid work for 501(c)(3)s.  Some international positions may fit into the narrow additional category of “public interest organizations”, but only if they perform specific listed activities and are not organized for profit, and not a labor union, a partisan political organization, or an organization engaged in religious activities.

You can check out the wording in the regulations on the tools page:
http://askheatherjarvis.com/tools

What about a private organization (such as an international school) that is organized outside of the U.S. but provides “school library services” and “other school-based services.”  I have not found any explicit statement that the public service organization must be organized in the U.S.  Do you think U.S. organization is implied by the stated purposes of the program?

I don’t know, Nick.  I’m not aware of any language designed to exclude foreign employment.  I don’t personally think that US based employment is implied, but I wouldn’t be surprised if the Dept of Ed sees it differently.  One argument is that the regulations explicitly exclude certain employment (like contract government work, labor unions, etc.) and if they meant to exclude foreign employment they should have said so.  Another point on your side is the explicit inclusion of Peace Corps service (which is certainly not taking place in the US). 

The good news is that there will finally be a method for you to request a determination from the Dept of Ed.  There is a DRAFT employment certification form that, once final, you can have certified by your employer and processed by the Dept of Ed.  The instructions ask that your employer submit their federally assigned Employer ID #, which presumably your foreign employer won’t have.

You might consider asking your prospective employer whether they would be comfortable signing the form as currently worded, as that would be the first step toward qualification.

Hi Heather,

I’m a bit confused by some information you listed here—http://askheatherjarvis.com/blog/does-international-employment-qualify-for-public-service-loan-forgiveness—which relates to this thread topic.  It regards the difference between a U.S. non-profit and a foreign non-profit operating in the US.

The employer I have in mind is the U.S.-incorporated subsidiary of an organization headquartered overseas.  It has 501(c)(3) status.  In its IRS filing records, the mailing address is listed in the US but the “Principal Officer’s Name and Address” is at the overseas headquarters.

I am not clear as to whether this employer is automatically PSLF-qualified on the basis of these facts, or whether the Secretary would scrutinize the particular work performed.  If the latter, I doubt it would meet the DoE’s criteria—the employer administers ADR services in commercial disputes.

Very interested to hear your take on this—many thanks!

Question 49 on this document from studentaid.ed.gov https://studentaid.ed.gov/sites/default/files/public-service-loan-forgiveness-common-questions.pdf
states that:
Only U. S. federal, state, local and tribal government organizations, agencies, or entities qualify as
public service organizations for purposes of PSLF.
However, if you work for the United States delegation to an international, intergovernmental
organization, such as the U. S. mission to the United Nations, then your employment qualifies because
you are employed by the Federal government, not the international, intergovernmental organization.

Also Question 48…
If your public service organization does not operate in the U. S. and is not a not-for-profit, taxexempt
organization under section 501(c)(3) of the Internal Revenue Code, your employment would
not qualify for PSLF purposes.
However, if you work for a foreign not-for-profit organization that is not tax-exempt under section
501(c)(3) of the Internal Revenue Code, but which operates within the United States, your employment
may qualify if it meets the conditions specified in the answer to Q34.

So in essence, it’s a bunch of it depends on your circumstance but being out the US is where it gets very dicey