Is the employer required to maintain my benefits?

Not exactly. The H-1B does not, by itself, guarantee the continuation of every benefit you may have previously received. What immigration rules require is that the employer offer equivalent conditions to those of comparable workers at the company.

In practice, the program requires payment of the prevailing wage for the position and the region, and stipulates that H-1B professionals be treated on equal footing with colleagues in similar roles. So if the company offers a benefits package (such as health insurance or paid leave) to those employees, it generally extends to you as well.

This is not the same as an absolute guarantee imposed by the visa. Benefits typically depend on the company’s internal policies, your individual contract, and, in some cases, state or local laws. For that reason, review carefully what is set out in your contract.

If you are uncertain about what is legally required versus what is simply company policy, confirm the details in your contract and seek guidance from a trusted specialist, as well as from official sources such as USCIS and the Department of Labor.

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.