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