Posted by: pyaradeshbasiharu October 29, 2009
Login in to Rate this Post:
0 
? 
?
"An employer is in violation of the LCA requirement at §1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work or due to the H-1B nonimmigrant’s lack of a permit or license. The current U.S. CIS H-1B regulations specify that if a license is required to perform in a position, the employee must have the license before the petition will be approved. If the position changes and later requires a license, the employer must continue to pay the employee the required wage while the employee awaits licensure"
"As per the Immigration and Nationality Act §212 (n)(C)(vii)(I)(II)(III), the employer must begin paying the employee the stated wage within 30 days of entry, or 60 days from the Change of Status application if the employee is already in the U.S.; and, the employer may not “bench” a full time or part time H-1B nonimmigrant worker due to lack of work.
“Benching” is the term used for temporarily laying off an employee or putting the employee in nonproductive status without pay or with reduced pay during periods of no work. This practice is most common in the service of contract industry (i.e., recruiting firms/companies). In other words, benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the INS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition."