contract
My employer petitioned my green card. I signed a 3-year contract with an offer of $30/hr(June 2004)
I paid $1,000 as bond which was refunded when I arrived in the US. I paid for all my exams and my plane fare.
I only found out on August 2, 2006, the day prior to my interview at the US embassy which was on August 3, 2006, that in their immigrant petition(I-140) submitted on October 2004 they placed that my salary would only be $16.82/hr. On August 2, 2006, they had me sign a revised contract with my salary only being $16.82/hr. I have questioned the discrepancy since I wasn�t informed about the change in the salary until the day prior to my interview. There was no time to change the contract so I was forced to sign it because if I wouldn�t sign it I thought my visa application would not be approved and I would be back to square 1. The agency secretary also assured me verbally that my hourly rate would still be $30/hr as originally agreed and I thought contract would be redrafted/changed once I arrive in the US but it wasn�t although employer still states that my rate would still be $30/hr.
When I arrived in the US on September 2006, I found out that the agency only exists in name. There was no more staff/personnel. The office is only a stockroom. They have no affiliated facility(no wonder they couldn�t provide me with the names of the facilities where I may be assigned when I asked them about it prior to my interview at the US embassy ). I found out that they didn�t process my application for Credential Verification Service which further prolongs my application for NY license. I was the one who processed and paid for my application for NY and NJ license as well as for Credential Verification Service.
I still haven�t received my NY and NJ license.
In the contract, it was stated that I would work in the interim capacity of nurse�s assistant while awaiting issuance of state licensure as a registered nurse but until now(March 2007) employer couldn�t provide me with work. I am staying with the employer at her house and being charged $500 for board and lodging.
The contract states that I have to pay liquidated damages to the company if I terminate employment with the company prior to the expiration of the contract.
It says that employment will commence as soon after the arrival of the employee in the US as practicable. Employment as registered nurse shall commence upon issuance of professional license by the NJ state board of nursing, and shall terminate 3 years from the date of commencement of employment under this agreement.
My questions are:
1. Does contract still stand even if agency is no longer registered or no longer existent?
2. Do I have to pay penalty if I terminate my employment given the circumstances?
3. Will my status as a permanent resident be jeopardized or cancelled if I terminate my employment? (employee threatens to have immigration cancel our green card because she says she petitioned for us)
Answers (1)
There is a great deal in your query, and a great deal missing. I cannot, on a public sight like this, give you the type of response you really need. I strongly urge you to seek a private consultation with a qualified attorney, even if it costs you a few hundred dollars.
The federal government has set up a few programs that are designed to allow employers to recruit overseas workers with skills that are hard to find in the U.S. In theory, these workers are supposed to get a rate of pay comparable to U.S. workers. In theory, the importation of these foreign workers are not suppose to put downward pressure on wages in the U.S. In theory, these workers are also supposed to be here voluntarily, and are supposed to be accorded various protections. These employees are expected to look at the INS as their protectors. Many of their rights are supposed to be enforced by the INS.
How these programs actually work is entirely different. Now, I don't have the statistics. Perhaps the majority of employers play by the rules. All I know is that from my contact with workers in these programs these programs are easily abused by employers with negative consequences not only for these foreign workers, but for US workers as well. My experience puts the lie to "guest worker programs."
Too often these foreign workers are lied to. Too often, they find themselves in a type of involuntarily servitude, a type of slavery. They are constantly threatened with deportation. Many times, they are not even paid for the work they perform. The abuse decribed in this query is a new one to me, but not surprising -- the guest work finds herself having to pay the employer for "room and board" without having work, going further and further into debt on a daily basis.
posted by David M. Lira | Mar 12, 2007 08:57 AM [EST]
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