Legal Question in Immigration Law in Massachusetts

Re: Breaking Green Card Agreement with my Employer

Generally, INS does not like these types of "payback" agreements and the courts are reluctant to enforce them if the amount is so high that it sounds punitive- in my opinion any amount over $5000 for GC is punitive). If this is a modification of a previous agreement (written or oral) wherein no such payback provision was discussed, then the chances of enforcement are further reduced. That is the immigration side of the law. As for contract law, all contracts entered into for legal purposes and which have appropriate "consideration" then they are enforceable. Consideration is a legal concept where something of value is exchanged bewteen the parties. There are a few defenses such as you signed the contract under duress (and you have to be able to prove it), or that the contract contains a liquidated damages clause which sounds punitive (high payback amount), the court will hesitate to enforce it. You also have to consider other things in a lawsuit such as which state you are in, what kind of judge gets the case, and what are all the facts and circumstances surrounding the agreement. California is unlikely to enforce, Massachusetts is likely to enforce (but not for the entire amount), NY, NJ, CT are somewhere in the middle. And other states may differ. But as a matter of general practice, more often than not, these agreements are not enforced. Of course, you'd have to look at the specifics of each case.

Re: Breaking Green Card Agreement with my Employer

You have to remember that, by filing for adjustment of status based on an approved employment-based visa petition, you are asserting to INS that you intend to work for your employer. If you were to be approved for adjustment of status and then move on to another job, there could be an issue of whether you told the truth in obtaining your your status, which could come back to haunt you. There are cases where people have obtained permanent residence based on an employment offer, have left the place of employment very quickly, have come to the attention of INS, and have faced charges of fraudulently obtaining their permanent resident status and deportation.

This is not specific advice and shouldn't be construed as such. I just wanted to offer you a perspective you may not have considered. Feel free to contact me to arrange a consultation if you wish. Best of luck.