One major issue among international students requiring a H1-B work visa to continue to stay in United States post graduation is lack of knowledge or complacency in understanding what government agencies are tracking their validity in United States and what impacts violation of a federal law has on his or her long term future in United States.

Immigration is federal law and is not controlled by states. Irrespective of states you move or work in as a temporary non-immigrant worker you must maintain a valid immigration status. Once you lose the validity you are out of status. It does not matter even if you have gray time in your I-94. What maintains the validity of non-immigrant work visa is “Work”.

“Benching” on a H1-B work visa that is not legal. Your employer must pay you as long as you are under his or her H1-B sponsorship and if the employer is not able to find work for you then the respective company can provide you with a notice or fire the employee. The employer also needs to updated USCIS since the company sponsored the work visa

US Department Of Labor has a separate wing with task force assigned to ensure all employees (Foreign or Domestic) are payed in accordance with the labor laws. If a particular H1-B employee is not getting paid for several months the DOL agents will initiate an investigation based on their findings. The respective H1-B employee may not be aware of these investigations because it’s the employer who is obligated to answer the DOL not the employee. The issue is even if it’s the employers fault, USCIS (United States Immigration Services) will consider this as a violation because the particular H1-B employee is out of status I.e., he or she is having an illegal presence

Any questions or concerns if the employer is placing the H1-B worker on a bench can be addressed to DOL. DOL keeps the complaint anonymous and at this point it’s best to consult an immigration attorney who can advice accordingly.