Can my employer place me on bench (no project) on H-1B?

Employer
January 01, 2026
1,200 views

Answer

Bench time on H-1B is problematic:

  • H-1B requires productive work in specialty occupation
  • Extended bench time may violate H-1B requirements
  • Employer must still pay prevailing wage even on bench
  • USCIS may question if job is legitimate

Short bench periods (between projects) may be acceptable, but extended bench raises concerns. Employer should find new project or consider termination.

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