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Is penalising early exit through contractual terms illegal? If not, then isn't this just a case of who has more leverage when negotiating the employment contract? That, and the fact that Indians are so desperate to go to the US that they're willing to sign any contract.

PS: I'm an Indian working in India.



Penalizing early exit with loss of immigration status could be illegal...penalizing with money is probably not.


Having an employee pay visa fees for an H1-B is illegal: http://www.hackinglawpractice.com/video/h1b-employees-cannot...

Therefore if the penalty for "early exit" is there to cover the visa and legal fees, that penalty is illegal.

http://blog.laborlawcenter.com/news/virginia-company-pays-17...

> A firm specializing in information technology has been ordered to pay nearly $1.7 million in back wages to H-1B non-immigrant workers following an investigation by the U.S. Department of Labor in a case that should sound a warning for every employer.

> Investigators also found that the Virginia company charged new H-1 B workers fees for training ranging from $1.000 to $2,500. Such fees are in violation of the law.




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