This practice is most common in the service contract industry. Employers of H-1B workers are prohibited from engaging in the practice of benching generally. Finally, the employer is required to begin paying the H-1B nonimmigrant the required wage no later than 30 days after the worker enters the United States pursuant to an approved petition filed by that employer, or no later than 60 days after the date the employee becomes eligible to work for that employer, if the worker is already in the United States. The types of benefits covered include the opportunity to participate in insurance plans, retirement and savings plans, and cash bonuses and stock options. The law expressly prohibits employers from shifting the payment to the employee.
Employers are subject to receiving a penalty for such shifting.