IMMIGRATION-RELATED DUE DILIGENCE IN MERGERS,
ACQUISITIONS & CORPORATE RESTRUCTURING      back to list

A myriad of immigration law issues arise from corporate restructuring. Whether the deal involves a merger, acquisition, asset purchase or spin-off, it is beneficial to both the buyer and seller to address immigration law issues as early as possible in the transaction. Each deal presents distinct traits and thus must be approached with a fresh perspective and appropriate framework.

For each corporate restructuring, it is imperative to ask:
* Is there a new legal entity being created?
* Is there new ownership and/or control of that legal entity?
* Has a material or substantive change in an employee's job duties occurred?

The answers to these questions will define the immigration issues to be addressed. Common issues include whether to complete new I-9s, whether to file new nonimmigrant petitions, and whether to file successor-in-interest immigrant petitions for an acquired workforce.

Paparelli & Partners LLP has special expertise in immigration issues that arise both before and after corporate restructuring. If a deal is being contemplated, our firm can offer advice on structures that would yield the most beneficial immigration result. Once a deal has closed, Paparelli & Partners LLP can conduct a post-closing audit of the seller's I-9s and LCA public inspection files, determine whether the employer needs to file amended petitions with the USCIS for the acquired nonimmigrant workforce and determine whether new employees are intending immigrants and need to file "successor-in-interest" immigrant petitions. Please contact us for more information.


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All services relating to immigration and nationality provided by Paparelli & Partners LLP in California are provided by active members of the State Bar of California or by a person under the supervision of active members of the State Bar of California. All services relating to immigration and nationality provided by Paparelli & Partners LLP in New York are provided by active members of the State Bar of New York or by a person under the supervision of active members of the State Bar of New York.