ASK VISALAW.COM Each week we answer questions provided to us by Y-Axis as well as from our web site’s message board. Y-Axis is an H-1B jobsite that provides a direct interface for the H 1B holders and aspirants with leading Consulting Firms and US End-Clients/Recruiters. The website is www.y-axis.com.
Can you help me with some of my queries? These are:
1) Is a contract for working for a body shopper for a certain period of time legal in the US?
2) What authority does the body shopper have if he hasn’t mentioned anything like this in the appointment letter he gave me?
3) What if the body shopper has agreed on certain things verbally but are not mentioned in the offer letter?
Thanks, Gurpreet
Most of these questions deal with issues of contract law, not immigration law, but for foreign nationals working in the US, and for immigration attorneys working with them, a familiarity with contract law is essential. Body shopping involves the practice having an entity petition for an H-1B worker and then contracting the worker out to other firms. The petitioning organization pays the worker. In many circles body shopping has a negative connotation, as in many cases the workers are being taken advantage of. However, not all such arrangements are inherently flawed.
A contract to work for a specified period of time is not illegal. However, the employee can, at any time, leave the employment, and the employer can fire the employee. This is known as breach of contract and the party that did not breach the contract, the employer if the worker quit, or the employee if he was fired, can sue for damages. In such a case the only damages available will be money – the employer cannot force the employee to return to work, but would be able to recoup any monetary loss it could show was caused by the employee. Of course, whenever a nonimmigrant worker leaves their employment, maintaining proper immigration status is vitally important.
A contract can include a provision to work for a specified period of time without being mentioned in the offer letter.
The question of the effect of things discussed but not included in the contract is one of the most debated in contract law. It has given rise to one of the most arcane rules of law, known as the parole evidence rule. The parole evidence rule is beyond the scope of this discussion, but suffice it to say that whether the things discussed but not included in the contract is a complex question. One would have to see the contract to answer the question, but it should be kept in mind that the written agreement will generally be presumed to be the entire agreement. < Back | Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
