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Employment Agreement

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brian2903

Junior Member
What is the name of your state (only U.S. law)? Missouri

I am resigning from my current job position and the HR required me to repay the legal fees on my visa application based on the agreement I've signed. The following is the exact agreement that I have signed -

It is important for XXX COMPANY to retain quality employees so that we can continue our tradition of quality work. Therefore, XXX COMPANY agrees to pay for attorney fees directly associated with the processing of your application for US Permanent Resident through Labor Certification. Currently, this cost is estimated at $7000 (XXX COMPANY agrees to pay no more than $9000 for these fees.)

Additionally, XXX COMPANY will pay for your I-140, I-485, $180 of your I-765 (EAD card), and $170 of your I-131 (Advanced Parole).

If you should leave the company in less than 3 years from the date of receiving your US Permanent Resident status, these fees will be charged to you in full and are to be repaid before leaving. To indicate your acceptance of this agreement, please sign, date, and return. We request that you treat this consideration confidentially.

This Agreement does not change the fact that either you or XXX COMPANY may terminate the employment relationship at anytime, with or without cause.

As of today, I am still under international student visa status and am still in the process of preparing the filling materials for US Permanent Resident. I would like to know if I need to repay the fees to my company according to the HR and the agreement since I have NOT received my US Permanent Resident status yet. Thank you very much for your help!
 


mlane58

Senior Member
You need to take your agreement to a local attorney well versed in contract and employment law. Since no one here can read the entire document, it is in your best interest to have an attorney look at it.
 

pattytx

Senior Member
Agree, however the clauses that you did include in your post seem pretty clear to me that you are required to repay. An attorney might find an out, but I think you're going to have an uphill battle.
 

brian2903

Junior Member
Agree, however the clauses that you did include in your post seem pretty clear to me that you are required to repay. An attorney might find an out, but I think you're going to have an uphill battle.
Don't understand the ''clauses'' that you were referring to. I think myself don't have to repay the fees is because I'm still under the application process and have never received my residency status.:confused:
 

pattytx

Senior Member
If you should leave the company in less than 3 years from the date of receiving your US Permanent Resident status, these fees will be charged to you in full and are to be repaid before leaving.
"Receiving". Not applying for, not in the process of applying for, not getting your materials ready to apply, not pending, received. As in, I have it in my hot little hand.
 
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ecmst12

Senior Member
And the obligation begins on the day they pay the fee, not the day you get your permanent residency.
 

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