Is There a Minimum Salary for STEM OPT? The I-983 'Commensurate' Pay Rule and How to Judge Low Offers

STEM OPT has no dollar floor, yet unpaid roles are banned and your pay must sit inside the range your employer pays similar U.S. hires. Here is how to test a low offer.

Part of our guide to Form I-983.

Status as of November 1, 2026: there is no fixed dollar minimum salary for STEM OPT. The rule in effect since 2016, 8 CFR 214.2(f)(10)(ii)(C)(8), requires that your duties, hours and compensation be commensurate with what your employer gives similarly situated U.S. workers in your area of employment, and that you train at least 20 hours a week. Unpaid or volunteer roles do not qualify. Nothing published would change that. The OPT fee rule is only proposed (comments close 2026-11-09; closing does not make it final) and sets fees that schools would pay, not salaries. ICE's broader "Practical Training" rulemaking (RIN 1653-AA97) has no published text.

So "is this offer too low for STEM OPT?" has no numeric answer. It is a comparison with your employer's own pay for U.S. workers, and public Department of Labor data can show you when an offer looks out of line.

Is there a minimum salary for STEM OPT?

No. STEM OPT has no dollar floor, no prevailing-wage filing and no Labor Condition Application. Instead, your employer certifies on Form I-983 that your duties, hours and pay are commensurate with its similarly situated U.S. workers in your area, and must be able to show it. Unpaid roles never qualify, and you must work at least 20 hours a week.

Ordinary federal and state wage laws, enforced by the Labor Department's Wage and Hour Division, still apply to you as an employee. The commensurate test is an immigration requirement layered on top of them.

The missing floor was a choice. In the 2016 rulemaking, one commenter asked DHS to require the Labor Department's Level Three wage; the final rule adopted no wage level and kept the commensurate standard (81 FR 13040, at 13085). DHS also said what is compared: "Commensurate compensation refers to direct compensation provided to the student (pre-tax compensation)."

STEM OPT pay and hours rules, as of 2026-11

What does "commensurate with similarly situated U.S. workers" mean?

It means your pay, hours and duties sit inside the range your employer pays, or would pay, U.S. workers doing the same kind of job at your level in the same area. It is a comparison against the employer's own pay system, not against a national average.

The regulation defines both halves. "Similarly situated U.S. workers" includes "U.S. workers performing similar duties subject to similar supervision and with similar educational backgrounds, industry expertise, employment experience, levels of responsibility, and skill sets as the student." Pay is commensurate "when the employer can show that the duties, hours, and compensation are consistent with the range of such terms and conditions the employer has offered or would offer to similarly situated U.S. employees."

In practice:

• It is a range. An offer at the bottom of the band the company uses for U.S. new graduates can be commensurate. An offer below that band is the problem.
• Training is not a discount. DHS wrote that "the fact that the employer is providing a work-based learning opportunity is not a sufficient reason to reduce the F-1 student's compensation" (81 FR 13085).
• Small employers still need a benchmark. If the employer has not employed more than two similarly situated U.S. workers, SEVP's employer guidance on Form I-983 says it must match "similarly situated U.S. workers employed by other companies of analogous size and industry and in the same geographical area of employment."

What counts as compensation on the I-983?

Section 3 of Form I-983 (OMB No. 1653-0054, expiration date 4/30/2029) asks for an annual salary plus any other compensation with its type and estimated value. The I-983 instructions list housing, tuition waivers and transportation costs as examples. At a start-up, the 2016 rule says an ownership interest such as stock options may count, if you are a bona fide employee and total compensation is commensurate (81 FR 13079). Our section-by-section guide to filling out Form I-983 covers the rest of the form.

A DSO may not recommend STEM OPT until you submit the signed I-983, so that compensation line is no formality. USCIS received 56,960 STEM OPT I-765s in FY2026 Q3 (April to June 2026) alone (USCIS I-765 data).

Compare offers on gross pay. Your net can differ from a U.S. colleague's because nonresident F-1 students are generally exempt from Social Security and Medicare tax on practical training until they become resident aliens (IRS); a tax professional who handles nonresident returns can confirm yours.

Can STEM OPT be unpaid?

No. Unpaid internships, volunteer roles and "work for experience" arrangements cannot support a STEM OPT extension. USCIS's STEM OPT page says the employer "may not be the student's 'employer' in name only, nor may the student work for the employer on a 'volunteer' basis." The 2016 rule adds that "positions without compensation may not form the basis of a STEM OPT extension" (81 FR 13086).

Stipend-only research roles are the common gray area. A stipend can be compensation, but the role must still be bona fide employment with commensurate total pay, so take that offer to your DSO before accepting. The rules for the initial 12-month OPT period are a separate question for your DSO; on the STEM extension, the answer is no.

How many hours a week must you work on STEM OPT?

At least 20 hours a week for each STEM OPT employer. The regulation: "A student may not engage in practical training for less than 20 hours per week, excluding time off taken consistent with leave-related policies applicable to the employer's similarly situated U.S. workers in the area of employment."

A vacation week does not break the rule; a standing 15-hour schedule does. Part-time STEM OPT at 20 to 30 hours is allowed if pay is commensurate with how the employer pays comparable part-time U.S. workers (our reading). With two STEM OPT jobs, SEVP's STEM OPT overview sets the minimum at "20 hours per week per employer", and each employer needs its own I-983 and E-Verify enrollment.

How to judge a low STEM OPT offer

The rule tests your employer's own range for U.S. workers in your role, level and location. Public data cannot show that range, but it can flag an outlier.

Benchmark the number, step by step

1. Ask HR, in writing, for the salary band for your title, level and work location, and whether U.S. hires in the role are paid on the same band. That is the comparison the employer certifies in Section 4 of Form I-983.
2. Search the Department of Labor's OFLC disclosure data for the employer's Labor Condition Applications with the same title and worksite (the latest files cover FY2026 Q3, through 2026-06-30). Each record shows the wage offered, the prevailing wage cited and its level. Our guide to searching LCA filings for an employer walks through it.
3. Look up the four wage levels for your occupation and county in the OFLC Wage Search on FLAG.
4. Check whether the employer sponsors in the USCIS H-1B Employer Data Hub, which reports petition decisions by employer, not salaries.
5. Confirm the employer's E-Verify name and company ID for your I-765. If it is not enrolled, see how to get an employer to enroll in E-Verify for STEM OPT.
6. Match the offer-letter figure to Section 3 of the I-983 before anyone signs; the rule says you "must disclose" your compensation "including any adjustments".

LCA wages describe pay to H-1B workers and prevailing wages are survey levels, so neither is the legal test for STEM OPT. They are a sanity check: an offer far below Level I, from an employer whose own LCAs for the same title sit well above it, deserves a direct question about how U.S. hires are paid.

Five tests before you sign a low offer

USCIS backs the fourth test: training personnel "may not, however, be employees or contractors of the employer's clients or customers," and another F-1 student on OPT cannot train you.

If an offer fails a test, the ordinary moves are to ask for a revised written offer, take the draft I-983 to your DSO before anyone signs, or keep searching while your unemployment days run. Weigh that clock honestly, but never sign an I-983 whose pay or hours line you know is untrue: you sign the form too.

Why a low number can follow you into the H-1B lottery

STEM OPT pay has no H-1B consequence by itself, but under the weighted selection rule, in effect since 2026-02-27, a registration gets one entry at Level I and four at Level IV, based on the wage level the offered wage meets. A salary at or below Level I today previews where this employer may register you unless your pay rises (our reading); see how wage-weighted selection works. FY2028 registration has not been announced, and DOL's prevailing-wage rule (RIN 1205-AC30, NPRM of 2026-03-27), which would raise the levels, is still proposed.

Misconception: "STEM OPT employers must pay the H-1B prevailing wage." Correction: no wage level applies; the test is the employer's own similarly situated U.S. workers.

Misconception: "Any pay cut ends my STEM OPT." Correction: SEVP's Form I-983 overview says that when requirements are met and the modified I-983 is in order, "the student's employment authorization will not cease based on a change to the plan." The risk is not reporting it, or a cut that leaves pay below commensurate.

Do you have to report a pay cut on STEM OPT?

Yes, when the cut is not tied to fewer hours. Under 8 CFR 214.2(f)(10)(ii)(C)(9)(ii), material changes include "any reduction in compensation from the amount previously submitted on the Form I-983 ... that is not tied to a reduction in hours worked," any significant decrease in weekly hours, any drop below 20 hours, and any change that makes an employer attestation inaccurate. You and your employer sign a modified I-983, and it goes to your DSO "at the earliest available opportunity."

Worked example: a pay cut with no change in hours

Hypothetical dates:

If hours also fell to 16 a week, the schedule itself would break the 20-hour minimum. Call your DSO that day and ask how those weeks affect your 150-day unemployment allowance, which the SEVIS Help Hub counts for each day "without employer information".

Raises and changing jobs

DHS wrote that "an increase in compensation, on its own, does not constitute a material change that must be reported," but that it can become one when it "is not commensurate with an increase in compensation afforded to the employer's similarly situated U.S. workers" (81 FR 13070). A raise clearly smaller than U.S. peers in your role received is therefore a question for your DSO. If the better offer is elsewhere, you need a new I-983 within 10 days of starting, and the old employer must report your departure within five business days. Our STEM OPT employer-change checklist has the full sequence.

Red flags of a non-compliant STEM OPT employer

SEVP's broadcast BCM 2603-02 (2026-03-23) warns about STEM OPT employer fraud, "especially IT recruitment, consulting firms, and staffing agencies," and says employers and students engaged in suspected fraud "risk referral for administrative or criminal investigations by HSI and the U.S. Department of Justice." Its red flags include:

• A vague website with no client work, contact details or social media.
• Job activities that do not match what the employer told the school.
• A work location that does not match the address on the I-983.
• A little-known employer hiring a large group of F or M students from one school.
• Work done remotely or through apps such as WeChat.

Our own additions, from the pay rules above: a fee for "training," salary only after an unpaid probation, a blank compensation field, or a request that you sign the employer's attestations yourself, which the 2016 rule forbids (81 FR 13072). DHS can also visit; SEVP's site-visit page says officers may "ask employers to provide the evidence they used to assess wages of similarly situated U.S. workers." Compare real and fabricated I-983 training plans. If you are underpaid, BCM 2603-02 says students "can also report concerns about wages and/or employment conditions directly to the U.S. Department of Labor"; it sends employer noncompliance to the ICE tip line.

Who to ask: DSO, attorney, Labor Department or tax professional

• Your DSO: the I-983, modifications, evaluations, SEVIS reporting and unemployment counting.
• A licensed immigration attorney: whether an arrangement put your status at risk, and H-1B or green card strategy.
• The Labor Department's Wage and Hour Division: unpaid or withheld wages.
• A tax professional: how housing, stipends or equity are taxed.

Common mistakes

• Treating a salary website's median as the legal minimum. The test is the employer's own range.
• Accepting "unpaid at first, salary later." An unpaid stretch cannot support STEM OPT.
• Letting the I-983 figure drift from the offer letter. Site visits can ask how pay was set.
• Skipping the report because hours did not change. That is exactly the cut the regulation lists.
• Dropping below 20 hours "temporarily" without telling your DSO.
• Filing the STEM I-765 late or with the wrong E-Verify details. The 180-day extension needs a timely filing, and under PA-2026-05 (in effect since 2026-08-05, challenged in court) USCIS can deny an OPT I-765 without a request for evidence when initial evidence is missing.

Frequently asked questions

Is there a minimum wage for STEM OPT?

No fixed dollar minimum exists. As of November 2026, 8 CFR 214.2(f)(10)(ii)(C)(8) requires that your duties, hours and compensation be commensurate with what your employer pays similarly situated U.S. workers in the same area of employment. The employer certifies this on Form I-983 and must be able to show how it set your pay. Ordinary federal and state wage laws still apply to you as an employee.

Can STEM OPT be unpaid?

No. USCIS says the student may not work for the employer on a volunteer basis, and DHS wrote in the 2016 STEM OPT rule that positions without compensation may not form the basis of a STEM OPT extension. Pay can include non-cash items such as housing or a stipend, but only if total compensation is commensurate.

What does 'commensurate with similarly situated US workers' mean?

It means your pay, hours and duties fall within the range the employer has offered or would offer to U.S. workers doing similar work under similar supervision, with similar education, experience, responsibility and skills, in your area of employment. If the employer has not employed more than two such U.S. workers, it must compare against similar workers at other employers in the same area.

Do I have to report a pay cut on STEM OPT?

Yes, if the cut is not tied to fewer hours. The regulation treats any reduction in compensation from the amount on your Form I-983 that is not tied to a reduction in hours worked as a material change, so you and your employer sign a modified I-983 and submit it to your DSO at the earliest available opportunity. A significant drop in hours is also a material change.

How many hours a week must I work on STEM OPT?

At least 20 hours a week for each STEM OPT employer, excluding time off taken under the employer's normal leave policies. If your hours fall below 20, or drop significantly, that is a material change requiring a modified Form I-983, and you should contact your DSO right away.

Sources

• 2016 STEM OPT final rule, 81 FR 13040, adopting 8 CFR 214.2(f)(10)(ii)(C)
• USCIS, STEM OPT extension page
• ICE, Form I-983, instructions and BCM 2603-02
• Study in the States, STEM OPT FAQ and the STEM OPT Hub pages linked above
• Department of Labor, OFLC performance data, OFLC Wage Search and Wage and Hour Division
• USCIS, I-765 data for FY2026 Q3 and H-1B Employer Data Hub
• Federal Register, weighted H-1B selection final rule (effective 2026-02-27) and OPT fee proposed rule (2026-10-08)
• IRS, student Social Security and Medicare exemption

How we checked this: on November 1-2, 2026 we read the 2016 rule's regulatory text and the preamble pages quoted, the current Form I-983 and instructions, USCIS's STEM OPT page, SEVP's STEM OPT Hub, BCM 2603-02 and USCIS's FY2026 Q3 I-765 data, and took policy status from our dated facts brief.

This is general information, not legal or tax advice. Your own I-20, EAD and Form I-983 govern, and your DSO or a licensed immigration attorney should weigh in on your specific facts.

If you are on OPT or STEM OPT and want help finding employers that pay fairly and sponsor, F1Jobs runs focused job searches for international candidates.