38 LAWYER MONTHLY JUNE 2023 work visas transferred to the acquiring company, there may be costs associated with the transfer process, including application fees and legal fees. • Severance payments. In some cases, foreign workers may be entitled to severance payments if they are terminated as a result of the acquisition. These payments can add to the overall cost of the acquisition. • Compliance costs. Companies may need to invest in additional compliance resources to ensure that they are complying with immigration laws and regulations. This can include additional staffing, software, or training programs. • Liability risks. If the acquired company has immigration-related compliance issues, the acquiring company may be liable for any penalties or fines imposed by immigration authorities. This can result in significant financial costs, particularly if the violations are widespread or ongoing. The costs associated with acquiring a company that employs foreign workers can be significant, particularly if there are compliance issues that need to be addressed. Companies should carefully consider these costs as part of the due diligence process and work with qualified immigration attorneys to help minimize potential risks and costs. How can a dedicated immigration lawyer help to minimize these costs and the overall administrative burden of the merger? A dedicated immigration lawyer can provide valuable guidance and support throughout the M&A process to help minimise costs and reduce the overall administrative burden. Here are some ways in which an immigration lawyer can help: • Due diligence. An immigration lawyer can conduct a thorough review of the target company’s immigration compliance practices to identify any potential issues that may impact the acquisition. By addressing compliance issues early on, the acquiring company can avoid costly penalties and fines down the line. • Visa transfer process. An immigration lawyer can guide the acquiring company through the process of transferring work visas for foreign employees. This can help ensure that the process is completed correctly and efficiently, minimizing the risk of errors and delays. • Compliance guidance. An immigration lawyer can provide guidance and support on immigration-related compliance issues, such as completing Form I-9s and maintaining immigration-related records. This can help ensure that the acquiring company is in compliance with all relevant immigration laws and regulations. • Mitigating liability risks. An immigration lawyer can help the acquiring company mitigate liability risks related to immigration compliance. This can involve developing strategies to address compliance issues and negotiating indemnification clauses in the merger agreement to protect against potential liability. • Cost-saving measures. An immigration lawyer can help identify costsaving measures related to immigration compliance, such as developing streamlined processes for completing Form I-9s and managing immigrationrelated records. Working with a dedicated immigration lawyer can help to streamline the M&A process, reduce administrative burdens and minimise the risk of costly compliance issues. By leveraging the expertise of an immigration lawyer, the acquiring company can focus on the business aspects of the merger while ensuring compliance with all relevant immigration laws and regulations.
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