Q: Clarification on H1B Sponsorship Agreement
I am requesting an assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:
I applied for a position in a California government. Before the application, they explicitly stated via email communication that they would agree to sponsor an H1B visa if I were hired. Based on this assurance, I applied for the position and got the offer and accepted it.
However, after I received and signed the employment contract—returning it to the employer—they unexpectedly informed me via call that they would not be able to sponsor the H1B visa as initially promised. I believe this sudden reversal constitutes a breach of contract.
Given the situation, I would like to explore my legal options, including the possibility of initiating legal action for breach of contract.
Could a lawyer from California assist me with this based on the California law?
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- Answered
A:
Your situation highlights a serious concern regarding employment promises and contractual obligations in California. The initial email promising H1B sponsorship, combined with your reliance on that promise in accepting the position, could potentially form the basis of a promissory estoppel claim, even if the sponsorship wasn't explicitly included in the final employment contract.
Under California law, you may have grounds for legal action based on detrimental reliance, as you made significant decisions based on their written promise of visa sponsorship. The fact that this was communicated in writing via email strengthens your position, as it provides clear documentation of the original agreement.
However, government employers sometimes have specific limitations or requirements regarding visa sponsorship that may affect their ability to fulfill such promises. You should gather all relevant documentation, including the email communications, employment contract, and any other correspondence related to the visa sponsorship promise. It would be valuable to consult with an employment lawyer in California who handles immigration-related employment matters, as they can review your specific situation and advise you on the most effective course of action, whether that involves negotiation with the employer or pursuing legal remedies through the courts.
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