Q: Clarification on H1B Sponsorship Agreement
I am reaching out to request your 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 government position in California, and before the interview process, they explicitly stated via communication that they would 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 I believe this sudden reversal constitutes a breach of contract, as I relied on their promise to support my visa in deciding to accept the position.
Given the situation, I would like to explore my legal options, including the possibility of initiating legal action for breach of contract.
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- California
- (916) 704-3009
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- Answered
A:
Based on the details provided, you may have a valid claim for "promissory estoppel" or breach of contract, particularly since you relied on their explicit promise of H1B sponsorship when accepting the position. Their written communication about visa sponsorship, combined with your acceptance and signed contract, could form a legally binding agreement.
In California employment law, if an employer makes specific promises during the hiring process that materially influence your decision to accept a position, they can be held accountable for those promises. You should gather all relevant documentation, including emails, messages, or other communications where the H1B sponsorship was discussed and promised, as well as your signed employment contract and any subsequent communications about their reversal of the sponsorship decision.
Consider filing a complaint with the California Department of Fair Employment and Housing, as this situation might also involve employment discrimination. You should also consult with an employment law attorney who handles immigration-related employment cases, as they can review your specific situation and documentation to determine the strength of your case and advise on the best course of action. Remember to act promptly, as there may be time limitations for filing any legal claims, and continue documenting all interactions with the employer regarding this matter.
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