Time clause in contract after obtaining E31

[thomasd]

Hi

After working towards an employment based green card it finally all worked out last week.
I received the e31 in my passport, paid my immigration fee and my green card should arrive in the mail in the next 120 days.

On my first day back at my company my boss randomly dropped they were gonna put a clause in my contract that I had to stay with the company for one year, in return for the legal fees and the investment they did. This caught me really off guard since it was never mentioned throughout the two year process. I'm not planning on looking for a new job anytime soon but a one year commitment is something I'd rather not sign.

Can my company do that? And what if I do want to quit earlier, can they demand back part of the legal fees?

Thanks in advance.

[scientist2016]

There is no legal requirement for or against a company incorporating this clause in to your contract. It is between you and the employer, and immigration department has no say in it. If you do not agree to that clause in your contract, there is nothing that USCIS can/will do. It is completely up to you and employer.

[inadmissible]

Employment contracts are governed by state law. Therefore, this is an inquiry specific to the state the employee and employer are in. The employee should take a copy of the contract to a consultation with an employment law attorney to find out which aspects of the contract are enforceable

For example, in the state I live in, the clause described would not be enforceable as it is against public policy and therefore void

[sasvi]

Hi

After working towards an employment based green card it finally all worked out last week.
I received the e31 in my passport, paid my immigration fee and my green card should arrive in the mail in the next 120 days.

On my first day back at my company my boss randomly dropped they were gonna put a clause in my contract that I had to stay with the company for one year, in return for the legal fees and the investment they did. This caught me really off guard since it was never mentioned throughout the two year process. I'm not planning on looking for a new job anytime soon but a one year commitment is something I'd rather not sign.

Can my company do that? And what if I do want to quit earlier, can they demand back part of the legal fees?

Thanks in advance.

This is very common and yes, they can ask for the lawyers` fees (about 10-15k). But, even if you have the legal right to not accept it, how about the moral right? there is no difference from United Airlines case - they can remove a passenger but is this the right thing to do?

As you mentioned they spent 2 years in this process, paying lawyers, preparing documents, etc...and you cannot help returning with your labor and experience for 12 months? That is the main reason why more and more companies do not want the headache of bringing an employee, they do not want to work for that company - they are all the best employees until receiving the GC...in that moment, bye...12 months is nothing, really. It will take that just to adjust - having all documents, looking for a house, getting familiar with the region, understanding tax and so on. Even if you receive a better job offer, what will be the message you are giving to the new employer? That you match their ethical values? Anyway, my opinion. I am not sure I will hire someone that left their employer like that...