H-1B Series Part Two: When do H-1B employers’salary obligations begin ?
An employer mustpay wages on the date that an H-1B employee enters into employment with theemployer. An H-1B employee “enters intoemployment” when the employee makes himself available for work or otherwisecomes under the control of the employer, such as by waiting for an assignment,reporting for orientation or training, going to an interview or meeting with acustomer, or studying for a licensing examination, and includes all activitiesthereafter.
An H-1B worker isautomatically deemed to have entered into employment 30 days after he entersthe United States, or 60 days after H-1B approval if he is already in theUnited States.
The H-1B employeein Dedios met with clients“interviewing” with a potential client of the H-1B employer. The DOL correctly found that this constituted“entering into employment,” in spite of the fact that the work with theend-client never materialized.