Another company busted for not paying on bench

[JoeF]

ComputerWorld reported that a company in Texas, Dibon Solutions, got indicted for visa fraud.

They weren't paying their H1 employees on bench.

[pontevecchio]

Are you implying that it is OK for non Desi Companies to commit fraud?

[rahul412]

They weren't paying their H1 employees on bench.

Joe, I never been on bench and I would like to know whether, is it fine for a person on H1 to be on bench??

[JoeF]

Joe, I never been on bench and I would like to know whether, is it fine for a person on H1 to be on bench??

A person on H1 can be without work due to a decision by the employer (what is usually referred to as "being on bench"), as long as the person gets paid the salary as listed on the LCA.

That is covered in 20 CFR 655.731. This CFR is referenced on the LCA, right next to the signature line, so, by signing the LCA, the employer agrees to follow the rules laid out in the CFR.

(7) Wage obligation(s) for H-1B nonimmigrant in nonproductive status—(i) Circumstances where wages must be paid. If the H-1B nonimmigrant is not performing work and is in a nonproductive status due to a decision by the employer (e.g., because of lack of assigned work), lack of a permit or license, or any other reason except as specified in paragraph ©(7)(ii) of this section, the employer is required to pay the salaried employee the full pro-rata amount due, or to pay the hourly-wage employee for a full-time week (40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees, or the full amount of the weekly salary for salaried employees) at the required wage for the occupation listed on the LCA. If the employer's LCA carries a designation of “part-time employment,” the employer is required to pay the nonproductive employee for at least the number of hours indicated on the I-129 petition filed by the employer with the DHS and incorporated by reference on the LCA. If the I-129 indicates a range of hours for part-time employment, the employer is required to pay the nonproductive employee for at least the average number of hours normally worked by the H-1B nonimmigrant, provided that such average is within the range indicated; in no event shall the employee be paid for fewer than the minimum number of hours indicated for the range of part-time employment. In all cases the H-1B nonimmigrant must be paid the required wage for all hours performing work within the meaning of the Fair Labor Standards Act, 29 U.S.C. 201 et seq.

[rahul412]

A person on H1 can be without work due to a decision by the employer (what is usually referred to as "being on bench"), as long as the person gets paid the salary as listed on the LCA.

That is covered in 20 CFR 655.731. This CFR is referenced on the LCA, right next to the signature line, so, by signing the LCA, the employer agrees to follow the rules laid out in the CFR.

Thanks.

[t75]

I hope the employees get their back pay!

[pontevecchio]

That still does not answer the question.

[rahul412]

I hope the employees get their back pay!

Forget about the pay, these cheaters should be deported. Until then these types of activities won't stop.