Home > Research Legal Advice > Immigration > H-1B visa holder in between jobs. Is the sponsor, i.e. the staffing comp...
Asked about 1 year ago - Brooklyn, NY
FlagI got an H-1B visa through a staffing company. The first employer didn't want to keep me. Now, the staffing company is trying to get me another position. I'd like to know if the staffing company is required to pay me a salary during the period I am not employed.
Depends on what was stated on the H1B petition. The staffing company is the petitioning employer and should disclose on its LCA that you will be working at various client sites. Technically, the staffing company is the employer and responsible for paying you a salary. This is a case where you should consult one-on-one with an experienced immigration lawyer.
You probably are entitled to wages, as H-1B-employer-staffing cos. are required to pay the prevailing wage to "benched" (nonproductive-time) H-1B workers in between projects. I say "probably," because there are certain exceptions and obligations on your part, such as making yourself available for work (which could be proved if you have evidence of emails, phone records, etc. showing you kept contact with the H-1B sponsor employer and sought work). Usually, however, a benched worker IS entitled to the Labor Condition Application prevailing wage or actual wage, whichever is higher.
While you may well be entitled to wages, what ACTION you take is a different matter. Here is a link to some articles on my blog with information for someone in your position to consider: http://www.h1blegalrights.com/about-the-blog/co...
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