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H1B visa employee and retirement benefitsAfter 2 years, our employees are 100% vested in the company's qualified retirement plan/ profit-sharing plan which contributes up to 25% of the employee's salary in an investment account. We have an H1B visa holder on a contract for a specific project which was to last about 18 months. The project has taken longer than expected, and now he's been working for us for almost been 2 years. Is he eligible for our profit-sharing plan? Arre we obligated by law to include him in the plan. Attorney answers (1)
Yes you are obligated to include him. DOL regulations dictates that you must offer the H-1b worker the same working conditions and benefits offered to US workers. It would be an H-1b violation not to include him in the plan if you offer similarly situated American worker the same benefits.
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