Employment Law Questions? Ask an Employment Lawyer.
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Yes, it is against the law for a sponsoring employer to require an employee to pay visa fees. Breaking the law is considered a breach of contract in virtually every known decision. You don't necessarily have a "case" per se because it is up to USCIS to prosecute these matters, but you could declare the contract breached and that you are released from your obligations as such.
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You do not necessarily have to do that to declare the the contract void because of a breach of law. But if they ever try to sue you for the 30 days notice or damages for not staying on the 30 days, then you could do that or tell them you'll file with the DOL if thy persist with the action.
That would be a good tactic to use in my opinion.
Yes, but be careful how you word it. There's a fine line between what is called extortion (demanding or threatening something unless someone do something...even if you are in your legal right to report them to DOL) and exercising a legal right. In other words if you say - release me from my contract or I will report you, that may be extortion. On the other hand, if you say, you know employer this was against the law and I am declaring my contract terminated and void because you broke the law, which incidentally the DOL could prosecute and fine you for this violation if someone were to report you....this clearly isn't a threat but a declaration of the law.
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