I signed a contract with an agency for a nurse supervisor position under eb2 category. I paid for everything. Legal, filing, NVC and greencard fee and even myairfare and accommodation when I got here in NYC.
In the contract they said that I will be receiving $48/hr and the buyout is $35,000 for a 3 year contract. However, when I arrived here in NYC, I am only earning $29/hr. Not to mention that the prevailing wage in NYC is $31.62/hr for entry level RNs. I have more than 3 years experience and a Master's degree holder.
My questions is if I terminate the contract. Will I be sued for breach of contract or some sort like that or not? Because as far as I know, a contract is null and void if the other party won't fulfill their end. In this case, the agency violated a lot of things in the contract. The hourly rate, below the prevailing wage and etc.
Also, is it fair to pay them $35,000 for a buyout fee? because my friends buyout fee? because my friends buyout fee is only $10,000 and in my friend's case, it is the agency who pays for everything. My case is I am the one who paid for everything and the buyout fee is $35,000. Is the contract enforceable?
A review of your contract is necessary to properly answer your questions. Hire an attorney to review the contract and then answer your questions.
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