Common US immigration consequences of mergers and acquisitions

Purpose – Observes that, with increasing federal scrutiny and the risk of raids, fines and even prosecution, businesses engaged in mergers and acquisitions must ensure that violations of US immigration law are minimized through due diligence and planning. Design/methodology/approach – Examines the common US immigration consequences of mergers and acquisitions under the sub-headings of ensuring I-9 compliance; preserving qualifying corporate relationships for L-1A/L-1B intra-company transferees; retaining current H-1B visa employees; corporate ownership and maintaining eligibility for E-1/E-2 visas; and employees awaiting legal permanent resident status. Findings – Shows that, while there are a number of US immigration consequences that flow from a merger or acquisition, critical considerations include the effect on current employees; ease of future global mobility in hiring and transferring personnel; and compliance to avoid fines and other sanctions. Practical implications – Argues that failure to adequately consider US immigration consequences can prove costly, as foreign employees may face inconvenient limitations or outright termination of their ability to work in the USA on the basis of changes in corporate structure, ownership or occupation. Social implications – Draws attention to the fact that, in the midst of a merger or acquisition, US immigration matters are often an afterthought to be addressed by in-house counsel lacking immigration expertise, or by outside immigration counsel potentially engaged late in a transaction. Originality/value – Concludes that the consequences of mergers and acquisitions affect current personnel, global mobility of future hires and liabilities pertaining to regulatory compliance. As a result, due diligence and early involvement of qualified US immigration counsel are critical to ensure a smooth transition for businesses and employees alike.