GLOSSARY

Benching

The practice of placing an H-1B worker in unpaid status when there is not work – a violation of H-1B rules.
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About Benching

<p><b>'Benching'</b> happens mostly in consulting contexts: an employer doesn't have a project for the H-1B worker, so they temporarily furlough them without pay (or on reduced pay).</p><p>This is not allowed under H-1B regulations – the employer must pay the full proffered wage continuously, even between projects. Nonproductive time still requires full pay (except in limited cases of truly voluntary leave).</p><p>If an H-1B is benched without pay, the employer is liable for:</p><ul><li>Back wages</li><li>Fines or debarment by DOL</li></ul>

CATEGORY

Compliance Violations

KEYWORDS

benching, unpaid status, consulting, wage violation, back wages, DOL debarment

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