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Employer changing bond amount after H1b is approved. The amount is double of the amount as told before signing up LCA.

Indio, CA |

I’m working in India with above average salary and I’ve found one small employer in the US who filed H1-b.Before signing up LCA, they said I’ll have to sign a bond worth $7500 for a tenure of 18 months.In the LCA, the offer is less than average salary in California. I agreed to both of them and signed LCA. The H1-b petition is approved and now before sending me for H1b visa stamping, they said the corporate has changed rules recently and so I’ve to sign a bond worth $15000 for first 12 months and $7500 for the next 6 months, total bond is for 18 months. I feel they are not fair on their part. I also feel $15000 is a huge liability and earn less than average salary in the US.Is it acceptable if they increase by 100%, that too after I’ve signed up LCA? is $15000 an acceptable amount for bond

Attorney Answers 3

  1. I've never heard an employer doing this, seems very unorthodox and bizarre. The LCA is submitted on line by the employer and IS NOT signed by the employee. The LCA is a determination based on the Federal Wage Database online utilized by your employer for the specific job description, e.g. speech language pathologist, and the corresponding SOC Code of 29-1127, the county and state that the job is in, e.g. Orange County, CA or Harris County, TX, and what the minimum salary is (there are 4 levels, 1-4, and depending whether your employer requires a Bachelor or Master and how many years of experience, you will fit into one of these categories).

    There is no "bond" to be set for any of this. The employer will simply have to pay you the minimum amount of salary as indicated on the LCA. They can pay you more BUT NOT LESS or else they can get in trouble with the US Department of Labor Wage and Hour Division for underpaying you and violating the LCA.

    So, having said that, I need more information as to what this "Bond" issue is all about because I have never heard of such an arrangement between an employer-employee. It doesn't sound and smell right to me. Also, when you said you "signed" the lCA, what specific document did you actually sign since the LCA is not "signed" its filed electronically by the employer or their counsel/agent and signed electronically by the employer NOT you the employee. If the employer is making you sign some document your ought not to have signed, or is an illegal contract to begin with you may be able to back out of it as being voidable, or a mistake or duress for being coaxed into signing this document or it may be void ab initio (from the outset) for being an illegal contract. If you sign a document between you and your employer you both must have capacity to sign, have a clear understanding of what your signing, it cannot be against public policy (an illegal agreement), etc. Please shed more light on this weird 'bond' issue before I or others I believe on the site can provide you with more cogent guidance on this issue.

  2. I agree with Mr. Calehr ... this is strange.

    You should meet in person with a private immigration attorney of your choosing ... many of us use Skype ... so, location isn't a limiting factor.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

  3. I, too, agree.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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