Restructuring gives rise to significant immigration issues for the acquiring or successor company.
Merger & acquisition transactions give rise to significant compliance issues for the acquiring or successor company. In addition, the immigration status of the acquired employees may be affected by the transaction.
Depending on the form of corporate restructuring, actions may or may not need to be taken in cases where non-immigrant workers and continued employment-based green card cases.
For example, if a company with an H-1B worker in St. Louis is acquired, the acquirer in interest will not automatically need to file a new or amended petition depending on certain conditions, such as continuance of the same job position.
Caution must be taken in assessing whether a “successor in interest” has been created.
During the process of undergoing corporate restructuring, having an attorney is vital in assisting employers and employees by providing counsel on issues regarding the possible immigration consequences that may arise. An attorney is best able to assess a corporate restructuring and know what the best immigration law action should be based on professional experience and judgment.
To have our team assist you with properly restructuring your business, contact us today!