Lawyer Monthly - June 2023

immigration compliance practices of both the acquiring and acquired companies. This will help identify any gaps or areas of non-compliance that need to be addressed. • Establish a compliance team. The newly merged organisation should establish a compliance team that includes representatives from both the acquiring and acquired companies. This team should be responsible for developing a plan to integrate the immigration compliance practices of both companies. • Develop a new compliance policy. The compliance team should work together to develop a new immigration compliance policy that is aligned with the merged organisation’s goals and objectives. The policy should include procedures for hiring foreign workers, completing Form I-9s, and maintaining immigration-related records. • Provide training. Once the new compliance policy is developed, the newly merged organisation should provide training to all employees, managers and HR personnel on the new policies and procedures. This will help ensure that everyone is aware of the new requirements and understands how to comply with them. • Update documentation. The newly merged organisation should update all immigration-related documentation, including Form I-9s, visa applications and other relevant records to ensure compliance with the new policy and procedures. • Conduct regular audits. The newly merged organisation should conduct regular audits of its immigration compliance practices to ensure that they are being followed and to identify any areas of non-compliance that need to be addressed. • Seek legal advice. The newly merged organisation should seek legal advice from qualified immigration attorneys to ensure that its compliance practices are in line with the relevant immigration laws and regulations. By following these steps, the newly merged organisation can ensure that it is complying with the relevant immigration laws and regulations and mitigating potential risks. Do the necessary immigration law considerations of these M&A deals change greatly from state to state? The necessary immigration law considerations for M&A deals do not vary greatly from state to state because immigration law is governed by federal law in the United States. However, there may be some state-specific requirements or laws that need to be considered during the M&A process. For example, some states may have their own employment laws that require certain disclosures or notifications related to immigration compliance during the M&A MY LEGAL LIFE 37 process. Additionally, some states may have their own requirements for the retention and storage of employment records, including immigration-related documents. Moreover, some states may have different interpretations or enforcement priorities with regard to federal immigration laws, such as the requirements for completing and retaining Form I-9s. Therefore, it is important for companies to seek advice from qualified immigration attorneys who are familiar with both federal and state immigration laws. These attorneys can help identify any statespecific requirements or considerations that may need to be taken into account during the M&A process and ensure that the newly merged organisation is in compliance with all relevant immigration laws and regulations at both the federal and state levels. Speaking broadly, what are the costs associated with acquiring a company that employs foreign workers? How heavy can these costs be? The costs associated with acquiring a company that employs foreign workers can vary greatly depending on the size of the company, the number of foreign workers employed and the complexity of the immigration-related issues involved. Here are some potential costs to consider: • Legal fees. Companies may need to engage the services of qualified immigration attorneys to help with due diligence, the transfer of work visas and compliance with immigration laws and regulations. Legal fees can vary depending on the complexity of the issues involved. • Visa transfer costs. If foreign workers are employed by the company being acquired and need to have their

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