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International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Immigration - Related Due Diligence in Mergers and Acquisitions: Impact on Work Visas and Permanent Immigration Processes – United States

January 2023
EmploymentIT

Abstract

As global mergers and acquisitions are forecasted to continue strong in 2023, albeit more frequent and smaller in size, an informed in-house counsel must understand how these transactions and resulting reorganizations will impact their foreign workforce in the United States and include immigration in the due diligence process. The authors of this article will discuss best practices in managing and maintaining foreign national workforce status during mergers and acquisitions, reorganizations, restructurings, and other significant events that may occur in the business operations. The subjects covered include the concept of “successor in interest” and absorbing the obligations of acquired companies; amending existing immigration documents for compliance; work permit compliance in the M&A context, including L-1 Intracompany Transferees, H-1B Specialty Occupations, and E-1 Treaty Investor and E-2 Treaty Trader visas; understanding immigration related risks in M&A ; and conducting immigration due diligence prior to closing to avoid penalties and disruptions, including the effect on pending permanent residence (“Green Card”) applications.

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Authors

Portrait image of Mark Girgis
Mark Girgis
Chief Legal Officer, Hypertec Group, Canada

Mark P. Girgis is Chief Legal Officer and Secretary of the Hypertec Group, a global provider of information technology solutions that includes the production and distribution of servers, workstations and personal computers, business resiliency services, home health monitoring support services and value-added services. Mr. Girgis manages all legal affairs of the corporation including negotiating and structuring complex domestic and international transactions, mergers and acquisitions, human resources and employment law including international mobility, contracts, overseeing corporate governance, and managing legal disputes.

Portrait image of Olga Prygoda
Olga Prygoda
Solicitor, Bcf, Canada

Olga Prygoda is a U.S. licensed attorney, member of the Washington State Bar specializing in business immigration law with specific focus on work permits and employment-based permanent residence in the United States and immigration practice under USMCA (formerly NAFTA), investor and trader visas, intracompany transfers and extraordinary ability cases. Olga graduated with an LLM in U.S. Law from the Antonin Scalia School of Law at George Mason University and an LLB (Common Law) from the University of London, England. Before joining BCF, Olga worked at a prominent think tank in Washington, D.C., where she focused on U.S. immigration policy research and U.S.-Russian bilateral relations. She is also the recipient of a number of prestigious international scholarships, including the U.S. Department of State’s Edmund E. Muskie Graduate Fellowship Program (2001-2003); and has interned with The Center for Strategic and International Studies (CSIS) in Washington, D.C. Olga is fluent in English, French, and Russian.

Portrait image of Julie Lessard
Julie Lessard
Partner, Bcf, Canada

Partner and Head of the Business Immigration team, Julie Lessard heads one of the largest teams of business immigration professionals in Canada. She has over 20 years of experience in this complex field. She advises both multinationals and small- and medium-sized businesses on how to attract top global talent be it to innovate, to benefit from a global knowledge or to meet specialized workforce needs. Julie develops immigration and/or global mobility strategies for several Fortune 500 companies. She has the skills, the expertise and the experience needed to implement immigration strategies that facilitate the global hiring of senior executives, skilled workers and professionals from all jurisdictions around the world. She frequently speaks at conferences in Quebec and internationally, particularly in the areas of immigration law and workforce mobility. She is also regularly invited by the media to provide expert commentary on these matters. Julie was named one of Lexpert’s Leading Lawyers Under 40 in 2010. Her peers selected her as one of the best immigration lawyers in Canada in the Best Lawyers rankings, in which she has appeared since 2014. She generously donates her time to several social and humanitarian causes. She is also a member of the Board of Directors of the Quebec Chapter of the American Chamber of Commerce of Canada (AmCham) and a member of the Government Relations Committee of the Canadian Employee Relocation Council (CERC).

Companies

Hypertec Group logo

Hypertec Group

Founded in 1984, Hypertec is a large and rapidly growing global provider of innovative information technology solutions. They offer a wide range of technology products and services, which are trusted by cloud service providers, communication service providers, organizations in the financial services, media and entertainment, public sector and health services industries. Their range of products and services include their own designed and manufactured application optimized servers, storage, workstations and personal computers, hardware and software products, home health monitoring support services and a full range of complementary value added services. The Hypertec Group is headquartered in Montreal with facilities in Quebec City, Toronto, Ottawa, and in the United States in Indianapolis, Tempe, and San Jose.

Bcf logo

Bcf

With more than 500 employees, including 300 professionals, BCF Business Law is 3rd largest law firm in Québec according to Les Affaires Journal. It is the go-to firm for business leaders, growing companies, and well-established global enterprises who have chosen Québec and Canada as a stepping stone for their growth and success. Setting us apart from the competition, our entrepreneurship has led us to earn Canada’s Best Managed Companies for the 15th year in a row and Chambers & Partners’ Band 1 ranking in Québec for Corporate and Commercial Law. 22 of BCF’s professionals have been recognized for their expertise in the 2022 edition of the Canadian Legal Lexpert Directory and 46 Lawyers were ranked in the 2022 editions of Best Lawyers in Canada and Ones to Watch.

Bcf logo

Bcf

With more than 500 employees, including 300 professionals, BCF Business Law is 3rd largest law firm in Québec according to Les Affaires Journal. It is the go-to firm for business leaders, growing companies, and well-established global enterprises who have chosen Québec and Canada as a stepping stone for their growth and success. Setting us apart from the competition, our entrepreneurship has led us to earn Canada’s Best Managed Companies for the 15th year in a row and Chambers & Partners’ Band 1 ranking in Québec for Corporate and Commercial Law. 22 of BCF’s professionals have been recognized for their expertise in the 2022 edition of the Canadian Legal Lexpert Directory and 46 Lawyers were ranked in the 2022 editions of Best Lawyers in Canada and Ones to Watch.

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