Legal Question in Immigration Law in Illinois
My Employer filed the Labor Certification and it is approved. Before applying for I-140 he wants me to sign a contract which states that I have to stay with the company till 6 months after my EAD or Green card gets approved. And If I leave at any stage of my green card processing I will have to pay him $20000( Although I am paying the green card processing fees by myself).
My question is that does the beneficiary need to pay the green card processing fees and also is this contract valid according to law ?
I appreciate your answer and time.
Thanks
2 Answers from Attorneys
Technically I do advise clients to stay with their employer for at least 6 months after obtaining the green card, to negate any allegations of fraud. Whether employer can bind you to the contract you would have to seek advice from an attorney specializing in contract law.
Caro Kinsella
Immigration Attorney
Your employer should be responsible for paying the legal fees associated with your green card petition. You should not have to pay a penalty fee for leaving your employer after obtaining your green card.
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