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

Olga Prygoda, Solicitor, BCF LLP, Canada

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.

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.

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.