Ask HN: Are these T&C for a company US Visa processing normal? | Hacker News Reader

Ask HN: Are these T&C for a company US Visa processing normal?

5 pointsthrowayaccnt5 comments

Hi HN,

I've been offered an opportunity to work in US from my employer and has asked me to sign a contract with the following terms. On the surface, these sound too harsh to me so wanted to get others perspective. Is this normal?

- The Employee cannot leave the company for 9 months from the date of Visa Application process commenced

- Will not be able to leave the company for at least 18 months in case of Visa is approved.

- If employee leaves company within the stipulated time period for any reason whatsoever, shall be liable to a sum of $6500 and actuals based on individual circumstances.

- The company gives no guarantee for Onsite placement after the Visa is approved and other appointment letter policies governing.

No. These are used only by so called consultancies who pay the employees a pittance and extract cheap labor from them. Under no circumstances should anyone go with this option because if you leave them...they sue you for thousands of dollars.

thanks pal

No clue if it is normal, but I do know that H1Bs cost around $6,300 excluding lawyer fees. So the $6,500 is likely their minimal outlay for applying for a successful visa, money they cannot recover if you quit a day after it is granted.

I have no clue if it is legal to try and recover the money from you. You'd have to consult a lawyer to figure that out. I am just saying that's likely where the $6,500 comes from, it isn't a "punishment" figure but rather a "recovery" figure.

I'd definitely want an ironclad contract setting out what they're paying you for the full 18 months. Otherwise they could pay you essentially nothing and hold you there "hostage." However if you're moving into a good job, and you're already getting paid an amount where the $6,500 is trivial, I'd just do it. Worst case scenario you pay them the $6,500 and be on your way.

Thanks pal, This gives a clear picture.

consult a labour lawyer

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