Competition in the global market place, the recovering economy in the United States and the continued rise of emerging markets are giving rise to mergers, acquisitions and business restructuring at an increased pace. These types of transitions can often affect employment based applications for permanent resident status. Employers are urged to include experienced immigration counsel in their due diligence team before and during the process of negotiating the terms of a deal that will change the structure of a business. Below are three common ways in which a merger or acquisition can affect the green card application for an employee.
Fundamentally, it must be determined whether there will be a change in ownership of an employer, or whether the target employer will cease to be an employer. There are many stages and types of asset purchase deals that must be examined from an immigration standpoint to determine whether the new business entity formed from the transaction will be a successor-in-interest of the old business.