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20 CFR § 655.731 / DOL Form WH-4 / Fact Sheet #62G

H-1B Benching & Wage Calculator

Calculate illegal unpaid salary during benching periods and learn how to recover your wages.

How DOL Calculates H-1B Nonproductive Pay

The required wage is generally the higher of the applicable prevailing wage and the employer's actual wage for similarly qualified workers. For nonproductive time, DOL applies the required wage and the guaranteed hours stated in the H-1B petition/LCA.

Full-time salaried workers generally must be paid the full required wage for qualifying nonproductive time. Part-time workers and hourly workers use the applicable guaranteed hours. This calculator provides only an illustrative estimate and should not be treated as a DOL wage determination.

Wage Inputs

Wages Owed & Actions

Enter your LCA salary and benched days, then click Calculate Back Wages.

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Frequently Asked Questions (FAQ)

Not as a universal legal rule. DOL determines required pay using the applicable required wage rate and the guaranteed hours in the H-1B petition/LCA. A 260-working-day calculation can be used only as a rough arithmetic estimate in certain full-time salaried situations.

The H-1B nonproductive-time payment obligation generally stops after a bona fide termination of employment. DOL identifies employer notification to USCIS of the termination and petition cancellation, together with required return-transportation arrangements, as important evidence of bona fide termination.

H-1B nonproductive time generally must be paid when it results from employment-related conditions such as lack of assigned work. The employer must pay the applicable required wage rate and the guaranteed hours required by the H-1B petition/LCA. Non-work-related voluntary absences are treated differently.

Generally no. For qualifying H-1B employment, the employer must pay the required wage for nonproductive time caused by employment-related conditions such as lack of assigned work. The exact amount depends on whether the worker is full-time or part-time and the wage and hours specified in the petition and LCA.

The Department of Labor determines the required wage rate and the guaranteed hours applicable to the worker. A full-time salaried worker generally must receive the full required wage for qualifying nonproductive time; full-time hourly and part-time workers are calculated using the applicable guaranteed hours and required wage rate. A simple annual-salary-divided-by-260 formula is only a rough calculator assumption and is not the universal legal method.

Form WH-4 is the Department of Labor form used by an aggrieved person or other credible source to provide information about alleged H-1B program violations to the Wage and Hour Division. WHD investigates qualifying complaints and can order payment of required wages after the applicable process. The DOL complaint guidance generally limits allegations to violations occurring within the 12 months immediately preceding receipt of the complaint.

Filing a WH-4 is a DOL wage-program complaint and does not itself guarantee maintenance of H-1B immigration status. Immigration status is governed separately by the immigration rules and the worker's individual circumstances. A worker should not assume that a wage complaint automatically cures an immigration-status problem.

The consequences depend on the specific violation and its severity. DOL can order payment of back wages and may impose civil monetary penalties. Current 2026 maximum penalties vary by violation, and certain violations can also result in H-1B debarment. There is no single $10,000 penalty or automatic 1-to-3-year debarment for every benching case.
Official U.S. Department of Labor References

• DOL Fact Sheet #62G: H-1B Nonproductive Status Rules: dol.gov/fact-sheet-62g
• DOL Form WH-4 Complaint Filing Portal: dol.gov/form-wh4