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Texas company paying $85,000 to H-1B professional after incident of ‘benching’

November 16, 2021

A worker on an H-1B visa is receiving $85,405 from a Plano, Texas company after the firm “benched” the worker, the US Department of Labor announced. Benching occurs when an employer places an H-1B worker in unpaid, nonproductive status in violation of federal law.

The company, VoiceXnet Technologies LLC, didn’t notify US Citizenship and Immigration Services that it was terminating the worker’s H-1B visa, assigning them no work and failing to pay the worker from Jan. 1, 2019, through Feb. 3, 2020, according to the Department of Labor.

By placing the worker in an unpaid and nonproductive status rather than terminating the H-1B visa, VoiceXnet violated H-1B regulations, the department said.

“Employers who hire nonimmigrant H-1B workers must comply with all requirements which are clearly detailed in the program’s application process,” said Wage and Hour District Director Troy Mouton in New Orleans. “They are obligated to follow all applicable procedures when they receive authority to employ nonimmigrant workers.”