USCIS to ensure that the foreign workers remain in compliance with their visa requirements. • Potential layoffs. The acquisition may result in layoffs of foreign workers. The acquiring company must ensure that it is complying with all immigration laws related to the termination of foreign workers, including providing them with proper notice and ensuring that they have sufficient time to find new employment or leave the country if necessary. Overall, it is important for the acquiring company to work closely with immigration counsel to ensure that all immigration law issues are properly addressed during the merger or acquisition process. What record-keeping needs to be done to ensure that all relevant records, such as nonimmigrant visas, are accounted for? When it comes to ensuring that all relevant immigration-related records are accounted for in an M&A, it is essential for the acquiring company to establish a comprehensive record-keeping system. Here are some record-keeping practices that can help ensure that all immigrationrelated records are properly accounted for: • Reviewing the seller’s immigration records. During the due diligence process, the acquiring company should request access to the seller’s immigration records. These records may include visa applications, I-9 forms and other documents related to the employment of foreign workers. The acquiring company should review these records to ensure that they are complete and up-to-date. • Conducting a gap analysis. The acquiring company should conduct a gap analysis to identify any missing records or discrepancies in the seller’s immigration records. This analysis should be conducted by a qualified immigration attorney or specialist who is familiar with the relevant immigration laws and regulations. • Establishing a centralised recordkeeping system. The acquiring company should establish a centralised record-keeping system to ensure that all immigration-related records are properly documented and stored. This system should include policies and procedures for the creation, retention and destruction of immigration-related records. • Conducting periodic audits. The acquiring company should conduct periodic audits of its immigration-related records to ensure that they are complete and up-to-date. These audits should be conducted by a qualified immigration attorney or specialist. • Maintaining accurate Form I-9s. The acquiring company should ensure that all Form I-9s are accurate and upto-date. Form I-9s should be reviewed and updated on a regular basis to ensure compliance with the relevant immigration laws and regulations. 36 LAWYER MONTHLY JUNE 2023 Overall, establishing a comprehensive record-keeping system is essential for ensuring that all relevant immigrationrelated records are accounted for in an M&A. By implementing these practices, the acquiring company can help mitigate potential risks and ensure compliance with the relevant immigration laws and regulations. How should newly merged organisations go about combining compliance practices and files? What are the most important steps to take? Combining compliance practices in M&A as it relates to immigration can be a complex process, but here are some general steps that newly merged organisations can take to ensure a smooth transition: • Conduct an audit of existing immigration compliance practices. The first step is to conduct an audit of the
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