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  1. #1
    Join Date
    Mar 2007
    Posts
    2

    Default Is a Clause to Pay Visa Fee Enforceable

    Hi,

    Other than signing the offer letter, I've also signed a "Proprietary Information Agreement". In that agreement, it states that if I leave the company within 1 year of joining, I will have to reimburse the company USD2200 for the processing of the H1B.

    Can the company enforce that clause? & can the company sue me if I don't pay? My company is located in the state of Georgia.

    Pls advise.

  2. #2
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: Is Clause to pay visa fee enforceable?

    Quote Quoting blufin
    View Post
    Hi,

    Other than signing the offer letter, I've also signed a "Proprietary Information Agreement". In that agreement, it states that if I leave the company within 1 year of joining, I will have to reimburse the company USD2200 for the processing of the H1B.

    Can the company enforce that clause? & can the company sue me if I don't pay? My company is located in the state of Georgia.

    Pls advise.
    You need to seek the advice of a local attorney since no one here can read the documents you signed.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is Clause to pay visa fee enforceable?

    The Department of Labor prohibits employers from imposing a penalty on H1B visa holders who leave their employment, but they permit a liquidated damages clause which allows the employer to recover damages caused as a result of the employee's leaving before the end of the contract term (e.g., training costs, airline tickets).

    There have been some cases where exhorbitant damages clauses were invalidated, but the DOL provides no guidelines as to what is reasonable. Instead, reasonableness and enforceability are effectively left to the state courts to decide on a case-by-case basis.

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