Q: Can I hire a STEM OPT candidate for 20 hours a week paying them minimum wage or does that cause issues?
Just wondering if there is a minimum pay required for those on STEM OPT with a MS
A:
When hiring a STEM OPT candidate, there are specific guidelines that must be followed to maintain the integrity of the program and ensure compliance with U.S. immigration laws. It's not just about the number of hours worked; the employment must also meet certain educational objectives and wage standards.
For those with a Master's degree on STEM OPT, employers are generally expected to provide compensation that is commensurate with the prevailing wage for similar positions in the geographic area of employment. This means that paying minimum wage for a position that typically requires advanced knowledge and skills could be problematic and may not meet the Department of Homeland Security's requirements for the STEM OPT program.
It's essential to review the conditions of the STEM OPT program and consult with an immigration attorney or your company's human resources department to ensure all requirements are met. This includes adhering to the minimum salary expectations for the role in your specific area, which may be higher than the minimum wage. This approach not only helps in maintaining compliance but also in supporting the professional development of the STEM OPT candidate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
