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elaws - employment laws assistance for workers and small businesses

- H-1B Advisor

Nonproductive status

Nonproductive status is a period when the H-1B worker is not performing work. If this is due to a decision by the employer, such as lack of work or license, it is fully compensable at the required wage rate. When due to conditions unrelated to employment which take the nonimmigrant away from work duties at one's voluntary request and convenience (e.g., touring the U.S., caring for ill relative) or render the nonimmigrant unable to work (e.g., maternity leave, automobile accident which temporarily incapacitates the nonimmigrant), it is not compensable unless there is paid time off accrued and owing.


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