Whenever a corporate transaction involves a business whose
employees include foreign nationals, a proper HR due diligence is
necessary. Most work visas for foreign nationals are employer
specific, changes in a company's structure could put the
validity of the work visa into question. Dismissing immigration due
diligence could potentially lead to employees losing their jobs and
lawful status in the U.S., not to mention penalties and sanctions
that a company could face. Inheriting immigration glitches in
a corporate transaction is no longer a mere inconvenience for a
company and immigration consequences should be taken seriously.
There are immigration issues that apply to most corporate
transactions-stock or asset acquisitions, mergers, consolidations,
initial public offerings, spin-offs, restructuring and the
relocation of an employer or its employees. For instance,
take the case of an acquisition where a Japanese executive on a
L-1A visa (granted to intra-company
