<Li> New penalty for "unconscionable contract provisions": Employer may be fined $1000 per violation for requiring an H - 1B nonimmigrant to pay a penalty for leaving the employer's employ prior to a date agreed to by the nonimmigrant and the employer . </Li> <Li> No "benching" rule: Employers must pay H - 1B nonimmigrants the required wage for the full hours specified on the H - 1B visa petition even if the beneficiary is in nonproductive status due to a decision by the employer, or based on the nonimmigrant's lack of a permit of license, i.e., full - time employees must be paid full - time wages, and part - time employees must be paid for the minimum hours stated on the petition . Further, employers must pay H - 1B nonimmigrants the required wage beginning no later than 30 days after the date the nonimmigrant is admitted to the United States pursuant to the petition, or 60 days after the nonimmigrant becomes eligible to work for the employer . However, this provision does not apply for nonproductive time due to non-work - related factors, such as voluntary absence (at the request of the nonimmigrant) or circumstances rendering the individual unable to work . Schools or other educational institutions may apply established salary practices to H - 1B nonimmigrants, including payment for less than 12 months, as long as such payment schedule is agreed to by the H - 1B nonimmigrant . Violation of this provision is considered a violation of the wage requirement and subject to the same penalties . </Li> <Li> New Benefits Requirement: Employers must offer H - 1B nonimmigrants benefits and eligibility for benefits (including participation in health, life, disability, and other insurance plans, retirement and savings plans, bonuses and stock options) on the same basis, and in accordance with the same criteria as are offered to U.S. workers . Violations of this provision are treated as violations of the wage requirement and subject to the same penalties . </Li> <P> Guidelines were set up for the receipt and review of complaints regarding an employer's failure to offer a job opportunity to a qualified U.S. worker (if required to so attest) or misrepresentation of material facts with regard to such condition . Note that not all employers were required to make such attestations . Rather, only those who were deemed to be H - 1B - dependent or had committed willful violations of the law were required to attest to good - faith efforts to recruit American workers . </P>

American competitiveness and workforce improvement act of 1998 (acwia) fee