Is a paid bench period allowed on H-1B?

Yes, a paid bench period is permitted under the H-1B. What the law does not allow is the opposite: leaving the worker without pay while they wait to be placed on a new project. Under the H-1B, the obligation to pay does not depend on there being an immediate assignment.

This stems from the conditions the employer accepts when sponsoring the visa. When filing for an H-1B, the company commits, before the Department of Labor, to pay the approved wage for that role (the so-called Labor Condition Application, or LCA). That commitment applies even when the employee has no active project, because it was on the basis of that commitment that the worker’s entry and stay were authorized.

• A paid bench is lawful as long as the approved salary continues to be paid.
• Failing to pay during the bench period may constitute a violation of the visa conditions.
• The obligation exists to protect the worker from losing income and falling out of status.

If you suspect the owed salary is not being paid, or have questions about your specific situation, it is worth seeking updated guidance from the official source (USCIS and the Department of Labor) or a trusted specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.