Can a staffing agency sponsoring my H1B prevents from leaving them for a period of 2 years after I get my visa

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Can a staffing agency sponsoring my H1B prevents from leaving them for a period of 2 years after I get my visa

I am currently working as a contractor in California for a small IT consulting
firm, which primary operations are based in India. Moreover, they will sponsor my
H1B next April 2017, but according to what I have heard they request employees to
sign an agreement at the time they receive the H1B approval to provide services
to them for a period of 2 years. Otherwise, the employee would owe them 25,000
if he decides to leave. There is no prior notice on those terms and amounts when
starting a job with them or when starting the H1B filing procedure

Asked on November 20, 2016 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I don't believe that would be an enforceable clause in any event so if you want to work and have them file, you can probably safely sigh that and then you would still be ok if you chose to leave the company before the end of 2 years. 


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