Mergers and Acquisitions in Nonimmigrant Employment-Based Cases

Mergers and Acquisitions in Nonimmigrant Employment-Based Cases

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Release Date02/22/16
Length9 pages

As most employment-based visas are company-specific, acquiring a business or restructuring itsownership can affect the continued validity of U.S. work visas for foreign national employees. Itis extremely important to identify early in the due diligence process if any key employees at thetarget company are working in the United States pursuant to temporary work authorization andbe prepared to conduct a comprehensive immigration audit. This free practice advisory will belimited to immigration due diligence related to H-1B , L-1 and E-1/E-2 visas. However, as eachvisa carries various reporting requirements and is affected differently by corporate restructuring,the immigration consequences of each foreign worker's nonimmigrant and immigrant visa statusshould be examined prior to the closure of any deal affecting a change in the corporate structure.

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