1of3 H1B "Benching" is a practice that has been practically made illegal by USCIS [per per 8 CFR 214.2(h)(2)(i)(E) and (h)(11)(i)(A) and ITServeMemo]. Yet it is practiced IN THE OPEN by H1B 'body-shops,' so much so they have "Bench Sales Managers" @ChillMode2345 @ITContractorsUS pic.twitter.com/l6xxbelt7b
— 2ndClassCitizen (@NopeOuttaHere) September 30, 2026
1of3 H1B "Benching" is a practice that has been practically made illegal by USCIS [per per 8 CFR 214.2(h)(2)(i)(E) and (h)(11)(i)(A) and ITServeMemo]. Yet it is practiced IN THE OPEN by H1B 'body-shops,' so much so they have "Bench Sales Managers" @ChillMode2345 @ITContractorsUS
2of3 "Benching" in 'desi consultancy' body-shop terms, is the act of having an H1B contractor unemployed but still bound to the agency's H1B petition. By law they are required to pay for 'non-productive time' but they dont, ever. Usually the H1B 'self-funds' & they 'run payroll.'
3of3 this means the $$ for their paycheck comes from the H1B, and the agency pockets a fee, this is to make it look like they are being paid. Meanwhile, the agency never filed a Material Change amendment or new LCA filing until they place the H1B several months later. #H1BFRAUD!!
And lastly, even if payroll is legit, benching can start the 60-day clock. “Except in certain limited circumstances, ‘benching’ is prohibited by law…”
“Being placed in non-productive status [..] for an extended time period, even if paid, may qualify as being ‘no longer emplyd'
“Being placed in non-productive status [..] for an extended time period, even if paid, may qualify as being ‘no longer emplyd'
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