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