Is this contract request valid?

System · March 2003

A guy on an H1-B visa is being sponsored for employment. He has his Employment Authorization card and has applied for his green card. Here's the question: his employer has stated that he must sign a contract with the company with these terms: he must remain employed for a minimum of twelve months after receipt of the green card, and if he leaves the company before that time, he must pay his employer a "fee" of $10,000.00 - can he do this? It can take several years to get that green card. If the employee refuses to sign this "contract", can the employer revoke sponsorship and terminate?

Nurse Recruiter · March 2003

My suggestion is that your friend needs to seek advise from an attorney that is familiar with immigration law. We are very active in overseas recruitment and do require a committment of the applicants in order to bring them here. However, that is discussed with the applicant in the initial interview and is not near as restrictive as what you are describing and is in line with our other bonus agreements we have other ees. We are not asking the overseas applicants to agree to anything different than their american counterparts are asked to agree to for their bonus agreements. We pay them the same and treat them the same. It is my understanding that this is a legal requirement, you must pay them and treat them the same.

Don D · March 2003

Linda: The following is a copy and paste reply from our immigration attorney to your specific question. You will have no doubt it is attorney written by the suggestion that he be able to research it, thus charge me for the research. But, his short answer, I feel, is very appropriate for you. I won't disclose his name or location, only his reply. Don D.

=-=-=-=-=-=-

My advice would be for Linda to call her attorney before proceeding. Without more detail, I could not answer this question. With detail, it could take some significant time to research and answer. For some off the cuff advice, Linda should be aware that immigration laws prohibit requiring aliens to pay any fees or business costs associated with prosecuting H1B petitions. Also, the anti-discrimination provisions of IRCA could be implicated depending on how they implement this policy. Linda should proceed with caution.

ATTORNEY CLIENT PRIVILEGED COMMUNICATION

System · March 2003

Thanks, Don. This does not directly affect or involve our company - an acquaintance brought this up to me hoping I could help. I really appreciate the response. By the way, I read your other thread about Will, I think it was, and the RIF you have been dealing with. Very good thread, really made me think. I hope things are going better. Thanks again!

sandra_d · March 2003

I agree that the person in question should seek legal advice from an expert in immigration. You don't say whay country he is from, or where you are at, but many large cities have immigrant resource centers which may offer low cost or free legal assistance with immigration issues, or could refer to a local attorney who may offer their assistance on a reduced fee basis. The story you offer doesn't sound like a legal situation to me ... I would tell that gentleman to investigate his rights.

Don D · March 2003

The point is the EMPLOYER is sponsoring the alien and has paid for the immigrant petitions thus far. It is the employer's obligation, not the beneficiary/alien's, to investigate this and to be sure it doesn't run afoul of the law. And, yes, it can indeed take 2 to 3 years for receipt of green card status. I'm seeing our situations take on average over 5 years from the initial petition all the way through green card status. On another, but related, note the thing that drives me up the wall the most with this process is the advice the aliens' manage to 'get' from 'a friend in Detroit' or 'a free resource center', or a website. I have found those almost without fail, to be wrong advice.

sandra_d · March 2003

Don: I appreciate what you are saying, and perhaps I am misunderstanding LindaD's post - but I am interpreting her post to be questioning what this company is requiring of someone she knows. It doesn't sound like this is her company or her responsibility. This wouldn't be the first company to do something wrong or illegal - acting either blatantly to take advantage of someone, or innocently trying to look out for their business interests. If LindaD is trying to advocate for someone she knows, thinking that company is trying to take advantage of that gentleman, then you can't really take that company's word for the legality of their actions, and her friend needs professional immigration advice.

I'm sorry that you have had poor experiences with community services for immigrants. Although I haven't had significant experience with them, a friend of mine heavily involved in the Hispanic, eastern European, and Hmong communities raves about such groups.

Then again, perhaps I totally didn't understand the question and am WAY out in left field -- it wouldn't be the first time!

System · March 2003

[font size="1" color="#FF0000"]LAST EDITED ON 03-05-03 AT 01:27PM (CST)[/font][p]That gets me too, Don - the advice is usually word of mouth, usually inaccurate, and in my experience with our crew, they don't always consider the source. I passed along your advice, and this fella is going to the HR department at his company for help and to document all of this. I think it's the best thing he can do. Thanks again for your help. and Sandra, you're right - this has nothing at all to do with my company or me professionally - I stumbled into this and thought I'd run it by the folks on this forum. It kinda smells like blackmail, doesn't it?

Is this contract request valid?

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