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Can your employer include a non compete clause in J-1 waiver contract

Grand Island, NE |

I am a physician in Nebraska who was sponsored for a J-1 waiver in an medically underserved area by a group practice.i was offered a full time position for 3 years and i got approved for H-1 b visa by USCIS.Now at the end of three years the group are sponsoring a H1b extension for me.they have included a non compete clause in my new contract.they didnt have that contract in first 3 year contract.
Can my employer include a Non compete clause in my new contract egally and it has liquidated damages of 250,000 if i break the 85 mile radius non compete clause for 2 years.

The new contract is only for part time of 10hrs per week.

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Attorney answers 1

Posted

First, as your description makes clear, you are not on J-1, you are on H-1B.

There is nothing in either the statute or the regulations governing H-1Bs that would prohibit a non-compete clause in a contract.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

Asker

Posted

Dear j Charles I am not a attorney but you don't know head or tail of j1 waiver in j1 waiver also national interest waiver states do not permit non-compete clause you have to sign a deal with the state health department inorder for them to recommend your waiver to the uscis.

Asker

Posted

Dear j Charles I am not a attorney but you don't know head or tail of j1 waiver in j1 waiver also national interest waiver states do not permit non-compete clause you have to sign a deal with the state health department inorder for them to recommend your waiver to the uscis.

Asker

Posted

one more thing I want to add non-compete clauses in physician contracts are illegal in state of california where you claim to practice.

J Charles Ferrari

J Charles Ferrari

Posted

The fact that you are not an attorney clearly shows that it is you who does not know the law. And apparently, you have not read what you wrote either. You very clearly wrote " i got approved for H-1 b visa by USCIS." That means that, as I stated, YOU ARE NOT ON J-1, YOU ARE ON H-1B. And again, there is absolutely nothing regarding non-compete agreements in the entire Immigration and Nationality Act, or its implementing regulations. Trying to insult me by claiming that I do not know what I am talking about, only displays your own ignorance. Additionally, whether non-compete clauses in physician contracts are illegal in California is irrelevant to whether there is language governing non-competes in immigration law.

J Charles Ferrari

J Charles Ferrari

Posted

Oh, and the poster posted the question as being in Nebraska which makes California law utterly irrelevant to the question.

Asker

Posted

sorry!!!!!!!!!

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