Hope this clarifies certain things:
- Do H-1B visa holders get 401(k) or health insurance from the company they work for?
Health insurance: Yes, in many cases. Because h-1b workers are employed in the U.S. under the same employer /employee relationship as U.S. workers, an employer offering a benefits package (health, life, disability insurance) to U.S. employees typically must extend those to H-1B employees as well. For example, the U.S. Department of Labor specifically lists “health, life, disability and other insurance plans” as benefits that must be offered on the same basis to H-1B workers if they are offered to others. Also, many H-1B workers report being eligible for employer-sponsored health plans.
401(k) /retirement savings plans: Yes, similarly, if the employer offers a 401(k) or other retirement savings plan to U.S. employees, an H-1B employee generally can participate (assuming they meet the plan eligibility rules).
Caveats:
The employer is not required by immigration law to offer these benefits; what the law requires is that if the employer offers benefits to U.S. workers, the H-1B worker cannot be excluded on the basis of their visa status.
For retirement accounts: while the H-1B worker can participate, there may be additional tax or administrative considerations (especially if they later leave the U.S.)
Health insurance is strongly recommended (and is sometimes required via the employer) because but note: U.S. law does not automatically require a specific health insurance plan just because someone is on H1B
Summary: YES, H-1B workers can receive health insurance and 401(k) eligibility through their employer if offered, under the same terms as U.S. employees
- Can H-1B holders work overseas?
This question has multiple dimensions. The short answer: working abroad (outside the U.S.) while holding an H-1B visa is possible under limited circumstances, but it carries complications and important limitations.
The H-1B visa is for employment in the United States for the petitioning employer. The employer must file their petition (Form I-129) specifying the work location in the U.S. and hours, etc.
If the H1B worker physically leaves the U.S. and works abroad, their H1B status in the U.S. is interrupted (they are no longer “in the U.S. in H-1B status” during their time abroad). Some legal commentary says that working remotely from another country is not covered by U.S. labor laws for H-1B workers and the visa status may not be “active” in the same way.
If an h1b worker is working abroad, the technical U.S. employment/immigration obligations (wage, location, worksite) may not apply in the same way because the worker is not physically in the U.S. working at the U.S. worksite. But as someone said, many of the workers here at Humana do not have an h1b, they are people working for contractors
Implications/in-practice:
If the worker intends to resume working in the U.S. under H-1B, then time spent abroad might disrupt the status or change the terms of the petition (depending on employer/immigration strategy).
If the employer’s business model supports an overseas worksite, the employer might need to file a separate petition or change conditions.
The arrangement may raise tax, labor law, and immigration issues (which jurisdiction applies, etc.).
Soooo: It is possible for an H1B holder to work overseas for their U.S. employer, but that work may fall outside the protections or constraints of the H-1B program when they’re not physically in the U.S. If the worker remains outside the U.S., they may not be “in H1B status” in the U.S. sense. You should check with an immigration attorney and employer before relying on this.
- Can H-1B workers be paid less than an American (U.S.) worker for the same job?
Not legally, at least per the formal requirements. The law requires that an H-1B worker be paid at least the higher of: the “prevailing wage” for the position in the geographic area, or the employer’s actual wage for similarly employed workers.
What that means:
“Prevailing wage” is defined (by the DOL) as what workers similarly employed in the occupation, geographic area, and experience, are paid.
“Actual wage” is what the employer pays other workers with the same job, experience, etc. in that location.
The H-1B employer must attest, in the Labor Condition Application (LCA) process, that the foreign worker will be paid at least that required wage and that working conditions will not adversely affect U.S. workers.
Practical complications / enforcement issues:
In practice, some studies report that H-1B workers are paid less than U.S. workers in comparable roles. For example, one study found that a major firm paid H-1B workers ~10% less (not 50 percent!!) than U.S. workers in similar roles.
Enforcement is imperfect. The DOL has the authority to investigate and recoup back wages when underpayment occurs.
The prescription (“prevailing wage or actual wage”) means that if the employer sets the “actual wage” for U.S. workers lower, the benchmark could be lower than the broader market rate.
So, by law you cannot be paid less than the required wage (higher of prevailing or actual) for your role under H-1B. So you should not be paid less than a U.S. worker in the same job at the same employer if that U.S. worker sets the “actual wage.” But the real-world situation can be more complex and enforcement may not always ensure perfect parity.