The legal issues surrounding mergers and acquisitions are among the most complex in immigration law. Non-legal issues also make M&A work challenging. For example, these transactions are always "hush-hush" and often times the immigration specialist and/or human resources specialist are the last to know. Foreign national employees become especially nervous as they are uncertain about what the future holds for them. For these reasons, it is imperative that affected companies seek out legal advice as soon as it learns of the reorganization.
Every company reorganization must be looked at on a case-by-case basis and the immigration consequences are not entirely clear until a complete analysis of the situation is conducted. Our M&A service entails detailed research and analysis of the reorganization in order to provide our clients with a plan on how it and its employees can move forward in dealing with the immigration concerns. We then execute the plan expeditiously. Our analysis and service include:
Analyzing the reorganization
1. Is it a partial or 100% acquisition?
2. Is the acquisition only of assets or product lines?
3. Has a new entity been established?
Auditing the Records of an Acquired Company
1. Are I-9s up to date?
2. Is the Employer in compliance with LCA regulations?
3. Are there Export Control concerns and are additional licenses needed?
4. At what stage is the employee in the immigration process?
Work Authorization Concerns
1. Can the affected employees continue working?
2. Are amended USCIS petitions required?
3. Has the federal tax ID number changed?
3. Do the affected employees qualify for work authorization?
4. Will new/amended petitions be approved on behalf of key employees?
Successor in Interest Analysis
1. Is there a material change in the terms and conditions of employment?
2. Is Employer required to notify Department of Labor or USCIS ?
3. Are new I-140s needed?
4. Must a new PERM be filed?
1. Can the employee return to the U.S. with the acquired company's documentation?
2. Has the employee been advised about potential problems?
If your company or employer is involved in a merger or acquisition, please feel free to call ILG at (408) 432-9200 in order to learn more about our in-depth analysis and procedure addressing corporate reorganization.