Leon Versfeld To give an overview, what are the key immigration law issues present in a merger or acquisition involving a company that employs foreign workers? There are several key immigration law issues that must be considered when a merger or acquisition involves a company that employs foreign workers. These include: • Transfer of work visas. If the company being acquired has foreign workers on work visas such as H-1B, L-1, or O-1, the acquiring company must ensure that the transfer of these visas is handled properly. The acquiring company may need to file new petitions with the United States Citizenship and My Legal Life Addressing M&A Concerns in Companies with Foreign Workers When acquiring or merging with a company that employs foreign workers, a new range of legal considerations are added to the regular host of concerns that an organisation must contend with during a merger. What are the key points to consider before undertaking such a move? Leon Versfeld, a highly experienced US immigration lawyer, shares a comprehensive guide to these M&A issues in the following feature. MY LEGAL LIFE 35 Immigration Services (USCIS) to ensure that the visas are transferred correctly. • Compliance with immigration laws. The acquiring company must ensure that it is complying with all immigration laws and regulations, including those related to the hiring and employment of foreign workers. The company must verify the immigration status of all foreign workers and ensure that they have the appropriate visas and work authorisations. • Due diligence. The acquiring company must conduct a thorough due diligence process to ensure that the company being acquired is in compliance with all immigration laws and regulations. This includes reviewing the company’s immigration policies, procedures and documentation related to foreign workers. • Changes in employment. The acquisition may result in changes to the employment of foreign workers, such as changes in job duties, work location, or compensation. These changes may require the filing of new petitions with
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