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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


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.

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Hi all, Thanks very much for your inputs. LCA, at the end of document, has an acceptance section saying "I read and understand the terms and conditions of at-will employment stated in this letter agreement, and I accept this offer of employment with XXX company". The person, for whom the H1-b petition is filed, has to take a print out, sign, then scan it and send across to the employer electronically. The bond is another thing, few important points in it are: 1. The Engineer has agreed to render services to the Company / Subsidiary as XXX Engineer in the Company for a minimum period of eighteen months with the prevailing market compensations (US $ per annum) as set out in the offer letter to be issued by the Company / Subsidiary. 2. In the event of breach by the Engineer in not continuing in the employment of the Company / Subsidiary, the Engineer hereby agrees to pay on demand by the Company, all sums which the Company has incurred by way of damages or losses as a result of such breach by the Engineer and such minimum amount of loss / damage to the Company (hereinafter referred as the Compensation Amount) is hereby estimated as below a. US $15000, US dollars Fifteen Thousand only or INR Seven Lakhs, whichever is higher if the engineer leaves within 12 months in the employment of the Company / Subsidiary b. US $7500, US dollars Seven Thousand Five Hundred only or INR Three Lakhs Fifty Thousand, whichever is higher if the engineer leaves after 12 months but within 18 months in the employment of the Company / Subsidiary Upon such claim by the Company, the Engineer hereby agrees to pay to the Company the amount claimed by the Company without any demur or protest. 3. In the event that the ENGINEER commits default in the payment of the amount claimed by the Company, the Company shall have the right to take all such actions as may be necessary against the ENGINEER including but not limited to deduction of such amounts from any amount due to the ENGINEER and the right to sue the ENGINEER, for the recovery of the amounts hereinabove, together with interest, incidental costs or recovery and expenses. 4. These presents shall be subject to the exclusive jurisdiction of the courts in the city where the registered office of the company is situated (Bangalore, India).

Haroen Calehr

Haroen Calehr


This is just an additional contract between you and the petitioning employer outside USCIS and DOL trying to further bind you to them and ensure you are not going to port-move to another US employer who is willing to sposor you for another H-1B visa after you make it to the US, perhaps a competitor. Your question came from Indigo, CA, so I think its best you consult a California licensed Employment lawyer who can review the proposed contract which is somewhat like a hybrid non-compete contract trying to further tie you to them. Also, the forum selection clause in the contract speaks about "Bangalore, India" as the proper forum for future litigation, so even a California licensed employment lawyer may have to consult a Indian licensed attorney who can advise you as to what this entails and how Indian law interacts with this. Suffice it to say this has very little to do with US Immigration or US Department of Labor laws which is what we Avvo attorneys mostly focus on in this forum. The employer's repsonsibility is to pay you the minimum wage under the LCA, not to bench you, adhere to all US federal and State of CA labor laws and pay for your return airfare to India in case they sever the employment-employee relationship with you. This other collateral contract is more of an adhesion contract, take it or leave it-you want the job and the H-1B petition/sponsor, well sign here or forget it. You need to make up your own mind after exercising due diligence on your own in the form or consulting competent CA employment law counsel and/or Indian counsel as to educate you on your exposure and liabilities if you sign this contract. Good luck.


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.

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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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