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

Julie Lessard, Partner, 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.

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).

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.