Mergers and Acquisitions Due Diligence: How to Avoid Nasty Surprises AC19 (.MP3)
Many immigration lawyers cringe when their clients tell them about a great merger opportunity, because the opportunity carries with it immigration compliance headaches. Whether the attorney learns of the merger before or after it occurred determines the size of the headache. The experts on this advanced-level panel will explore due diligence obligations before the merger, and examine whether resuscitation is possible if the merger has already occurred and has created negative immigration consequences.
- Transactional Due Diligence: Does the Offered Transaction Format (e.g., Merger/Spin-Off/Reverse Merger/Asset Sale) Preserve the Qualifying Bases of Existing Visas?
- If Yes: Do Any Amended Petitions Need to Be Filed or Labor Condition Applications Posted?
- If No: Are There Alternative Visas to Seek or a Possible Change to the Transaction Structure?
- Is This a Timing Issue?
- Compliance Due Diligence
- Assessing Whether Your Client is Acquiring an I-9 Compliant Company
- Do All Existing Nonimmigrant Foreign Nationals Comply with the Terms of Their Visas and Petitions?
- Will Your Client Become H Dependent or Subject to Higher Fees?
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