Requirements that wages be paid as of date of employee's arrival 

The DOL rules provides that the obligation to pay the required wage commences as soon as the H-1B worker arrives in the U.S. This position seems unreasonable given the realities of normal business practices. Many employers requires a short period of job orientation before actual employment commences. In addition, various contingencies may arise which prevent the commencement of employment with in the several days of the alien's arrival in the U.S. (e.g. , the H-1B worker is in the process of searching for housing or appropriate schooling for his or her children). Moreover, the DOL's policy also is inconsistent with State Department rules that permit the issuance of nonimmigrant visas up to ten days before the commencement of employment.

Note the legislative changes in 1998 provide that payment of wages is required after the H-1B worker has entered into employment with the employer, but in any event no later than thirty days after the worker's date of admission into the country, or sixty days after the worker becomes eligible to work for the employer if the work is already in the U.S. This provision appears to give some leeway to employers with the regard to H-1B employees who do not actually begin working as soon as they arrive in the U.S. Note, however that payments of wages during job orientation or training would be required in most cases.

For further information, send your query to Aparna Davé.