Eligible to work definition
Eligible to work means the date that an H-1B worker, already present in the U.S. when the petition was approved by the USCIS, is ready, able, and available to work for the new employer. The H-1B worker is considered to be eligible to work upon the date of need indicated on the approved Form I-129/I-129W petition, or the date of USCIS’ approval of the worker’s H-1B status, whichever is later. The eligible to work date never precedes the employment authorization date on the Form I-797 issued by the USCIS for the worker’s H- 1B status. Once the eligible to work date is established, the employer’s wage obligation starts on the 60th day after the eligible to work date (unless the H-1B worker enters into employment on an earlier date (see FOH 71d07(b) above), which would trigger the wage obligation on that earlier date). When the wage obligation begins, the employer must thereafter pay the required wage for nonproductive and/or bench time, unless the nonproductive status is not attributable to the employer. See FOH 71c08.