H1B Extension Agreement

H1B Extension Agreement

This H1B Extension Agreement (the "Agreement") is entered into as of Effective Date: by and between Employer Name: Employer Address: and Employee Name: (the "Employee").

RECITALS

WHEREAS, Employer is engaged in the business of and employs Employee in the capacity of at the worksite located at .

WHEREAS, Employee is a nonimmigrant in the United States currently classified under H‑1B status and Employer intends to file or has filed an H‑1B extension petition on Employee's behalf with the appropriate immigration authorities; and

WHEREAS, the parties desire to set forth their respective obligations concerning sponsorship, fees and cooperation in connection with the H‑1B extension filing and any related proceedings.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. SPONSORSHIP AND FILING

1.1 Employer Obligations. Employer shall have the sole responsibility to prepare, file and prosecute an H‑1B extension petition (including prevailing wage determinations and Labor Condition Applications where applicable) on behalf of Employee in good faith, using competent immigration counsel selected by Employer. Employer shall bear responsibility for timely payment of filing fees that are legally required to be paid by Employer.

1.2 Employee Cooperation. Employee shall provide truthful, complete and timely documentation and information reasonably necessary for the preparation, filing and prosecution of the H‑1B extension petition, including but not limited to passport pages, current visa and I‑94, diplomas, employment history, and any supplemental documentation. Employee represents and warrants that all information provided is true and correct.

2. ATTORNEY FEES AND COSTS

2.1 Fees Paid by Employer. Employer agrees to pay reasonable legal fees and costs for preparation and filing of the H‑1B extension petition unless the parties agree otherwise in writing. Employer shall pay those fees directly to counsel.

2.2 Reimbursement by Employee. If Employer has advanced any allowable attorney fees or costs on Employee's behalf and Employee's employment terminates for any reason other than Employer's material breach or involuntary layoff within months following approval of the extension, Employee agrees to reimburse Employer for those advanced fees in accordance with the prorated schedule described below, unless otherwise prohibited by applicable law.

2.3 Reimbursement Amount. Amount subject to reimbursement: . Reimbursement shall be prorated monthly on a straight‑line basis over months from the date the petition is approved.

3. COOPERATION AND DOCUMENTATION

3.1 Employee shall promptly attend interviews, provide original documents when reasonably requested, and execute any affidavits or authorizations reasonably necessary to support the petition or response to requests for evidence. Failure to cooperate shall be deemed a material breach of this Agreement and may relieve Employer of further obligations.

3.2 Employee Authorization. Employee authorizes Employer and Employer's counsel to prepare and file such forms, and to receive and review copies of immigration notices and correspondence related to Employee's H‑1B extension petition.

4. IMMIGRATION COMPLIANCE

4.1 Employer Compliance. Employer represents that it will comply with applicable immigration and labor laws in connection with the H‑1B extension petition, including maintenance of a bona fide employer‑employee relationship and payment of the required wage specified in the petition.

4.2 Notification of Changes. Employee shall notify Employer in writing within seven (7) calendar days of any change in address, immigration status, worksite location, job duties, or work authorization that may affect the petition. Employer shall notify Employee of material communications from immigration authorities promptly upon receipt.

5. TERMINATION; EFFECT OF TERMINATION

5.1 Termination of Employment. Termination of Employee's employment for any reason will not automatically terminate any petition that has been filed or approved. Notwithstanding any employment termination, the parties' obligations under Sections 2 (Fees and Costs) and 6 (Indemnification) survive to the extent related to fees advanced prior to termination.

5.2 Effect of Breach. A material breach of this Agreement by either party entitles the non‑breaching party to seek remedies at law or in equity consistent with the terms of this Agreement.

6. INDEMNIFICATION

Employee agrees to indemnify and hold harmless Employer from and against any liabilities, fines, penalties, or damages arising from Employee's material misrepresentations, omission of material facts, failure to disclose required information, or other acts or omissions that cause Employer to incur liability in connection with any immigration filing, except to the extent such liabilities result from Employer's bad faith or willful misconduct.

7. CONFIDENTIALITY

All non‑public personal information and immigration documents provided by Employee to Employer or its counsel shall be maintained confidentially and used solely for the purposes of immigration processing, to the extent permissible under applicable law.

8. REPRESENTATIONS & WARRANTIES

Each party represents and warrants that it has the full power and authority to enter into this Agreement, that the execution and performance of this Agreement will not violate any other agreement to which it is a party, and that the person signing below is duly authorized to bind the respective party.

9. NOTICES

All notices, requests and other communications required or permitted under this Agreement shall be in writing and delivered to the parties at the following addresses (or such other address as either party may designate in writing):

10. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party against whom enforcement is sought. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. MISCELLANEOUS

12.1 No Third‑Party Beneficiaries. This Agreement is for the sole benefit of the parties and their respective successors and permitted assigns and is not intended to confer rights on any third party.

12.2 Assignment. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Employer may assign to an affiliate without Employee consent provided such affiliate assumes Employer's obligations hereunder.

ACKNOWLEDGMENTS

Employee A‑Number (if any): Passport Number:

Receipt Number or Case Number (if filed): Petition Approval Date (if applicable):

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