In the context of mergers, acquisitions, and other corporate
restructurings, during the due diligence process, employers often
overlook the immigration-related considerations related to impacted
foreign national workers. However, failure to complete a pre-close
assessment of impacted foreign national workers, including
assessments of work visa statuses and lawful permanent resident
(e.g., green card) processes, can have negative consequences.
Depending on the employee's visa type and the nature of the
corporate restructuring, some temporary work visas may not be
eligible for transfer to the new employing entity.
In addition, existing green card processes may need to be
assumed where the prior company left off, amended to account for
the corporate change, or even restarted altogether. These
situations can lead to surprises and hardships for both the company
and the employee if, after closing, it is discovered that managers,
executives, or other essential employees are
