My Employer Merged With Another Employer. Do I File An Amended Petition?

The regulations do not require you to file an amended H-1B petition at the time of a merger, acquisition or spin-off under most circumstances. However, there are specific steps required by regulation that must be adhered to at the time of the corporate change to avoid the filing of a Change-In-Employer petition. Therefore, it is imperative that your employer retain an immigration attorney prior to any corporate restructuring to ensure continued compliance with immigration laws for any foreign national employees. Failure to do so could have dire consequences for your current nonimmigrant status, as well as future immigrant petitions that may be filed on your behalf. How the corporate restructuring is done could also impact your Employer Sponsored Green Card process that was begun by your current employer. If the restructuring process is not properly advised by an immigration attorney with extensive experience in business immigration matters, it could result in the loss of time for you and money for your employer. The best result of a corporate restructure is one in which the resulting company would be considered a successor-in-interest to your current employer. That would allow for simply a re-filing of the I-140 (no new PERM process) as a Successor-In-Interest petition. Of course, assuming that your offered Permanent position will remain in the same geographical area and Occupational Classification.

If you are in L-1 status corporate restructuring is equally perilous as it is imperative that the U.S. entity maintain the same affiliation with the foreign entity in which you were employed for at least 365 days of the 3-years prior to your entry into the U.S.

For more information on Immigration Matters, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 912-5152 today.