H-1B and Benching Regulations
“benched” employee refers to one who is currently between work
projects. In most
cases, these types of employees are employed by a job contractor who
contracts their services out to clients. In this situation, the job
contractor is considered the employer, the company that the foreign
national provides services for is the client of the job contractor,
not the employer of the H-1B. The job contractor petitioned the INS
to grant H-1B status to the foreign national.
are also bound to pay its H-1B employees even when the employer
experiences a temporary shut down in its operations. If the employer
shuts down the company for a period of 10 days during the Christmas
holiday season, it must continue to pay its H-1B employees during
this period, even if the employer is not compensating the U.S.
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