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When a US employer brings an employee from a foreign country to US on H1B visa, the employer
often puts all sorts of restrictions, bonds, rules, penalty fees etc, if the person leaves
the sponsoring employer within certain duration of arrival into US, such as one year.
Employer may put a condition such as if the employee leaves within 1 year of hiring,
H1B employee must pay a pro rated amount of their expenses (mentioned in the contract) back
to the employer.
Even though
individual circumstances may vary, in many cases the court has ruled that those bonds
are not legal and are in violation of law.
The DOL may choose to impose civil penalties against the company for its
willful failure to meet a condition of a Labor Condition Application (LCA) and for its willful
misrepresentation of a material fact on the LCA attestation.
If the company claims that it had invested considerable time, effort, and financial resources of $10,000 per employee in organizing, assisting, and transitioning these employees to life in the United States. The employees never actually received $10,000 or any portion in liquid funds. The company should be able to document expenditures of $10,000 for each employee to the DOL.
Many H1B workers work at a client side as a contractor, not actually at the site of sponsoring employer. It is
possible that the client may offer direct job offer to the H1B worker as full time job. Many H1B sponsoring
employers try to put the restrictions such as conflict of interest, demand to pay unusual amounts of finder
fee etc. There have been instances in which the court has ruled that such as demands and restrictions were
illegal. Again, it really depends upon your unique case.
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