Is unpaid ‘benching’ allowed if it is the employee’s choice?

No. Under H-1B, the practice known as ‘benching’ (the period when the professional has no active project) does not authorize the employer to suspend wages, even when the pause is initiated by the employee. The employment relationship is wage-bearing by nature, and the worker’s own choice does not relieve the employer of that obligation.

This is because the employer commits, in the Labor Condition Application (LCA) and in the visa petition, to pay the required wage for as long as the employment relationship is active, regardless of whether the worker is assigned to a project. The rule exists to protect the worker and preserve the integrity of the program.

Failing to pay wages during a benching period may constitute a violation of the obligations overseen by the U.S. Department of Labor, with potential consequences for the employer and an impact on the professional’s immigration status.

If your situation involves a period without an active project, it is worth documenting the case and verifying the current obligations with an immigration specialist or directly through official sources before accepting any unpaid pause.

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.