Corporate mergers and acquisitions (M&A) can significantly impact the immigration status of sponsored employees. HR teams must conduct thorough immigration due diligence to ensure compliance with U.S. immigration laws during these transitions.
Key Details:
- 10-Day Window: F-1 OPT and STEM OPT students must update SEVIS and submit a new I-983 within 10 days of any change in their employment status.
- Successor-in-Interest (SII) Rule: If the acquiring company qualifies as a true SII for H-1B holders and pending PERM applications, the immigration process does not need to restart.
- L-1 Corporate Tie: Asset purchases may disrupt the multinational relationship required for L-1 visas, necessitating amended petitions.
- Green Card Timing Risks: An I-485 application pending for less than 180 days is sensitive; if the new company is not an SII, a new I-140 may be required.
These considerations are vital for maintaining compliance and ensuring a smooth transition for affected employees during corporate restructuring.
Source: WayLit