H1B visa- Employment contract : Legal advice


I came across employer who is willing to sponsor for my H1b visa. But, he is demanding me to sign employment contract for 2 years (else pay $8000) to him to proceed with my H1B.

My questions are

  1. How serious these contracts are?

  2. Can he legally sue me if in case I am not joining him (after H1b approved) or quitting company before 2 years ?

Your suggestion greatly appreciated.

Hi Raghav,

This site does not have lawyers but most are experienced to give you correct advice. 

1. An employment contract gives employer peace of mind. After all, some hard work went into getting you approved and the employer would like you to join and stay.

2. In the US, you cannot be bound by such contracts unless intellectual property development is occurring.

3. Your employer can sue at a serious cost to him. It will be thrown out in county court level itself without making it to district court.

4. My advice, contract or no contract, it is not a good idea to hurt anyone financially. Stay with the sponsor for 1.5 years or more if everything else is okay, then plan to move but only if needed.

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu

Hi Sandeep,

Thanks for your kind and valuable advice. I would really appreciate.