H-1B Status After The Company Merging Into Another Company

Dr. William:

My company will merge into another larger company soon, and my currently company name will change after the merge. As a H-1B holder, do you think that I need to file a new H-1B petition with the USCIS?


Answer:

Previously, the H-1B holder undergoing the employer's corporate structure changes had to file a new labor condition application with the DOL and an amended H-1B petition with the USCIS, if the restructured corporation has a new federal tax ID number or fails to prove that it is an entity of successor-in-interest to the company before being restructured. 

According to changes in the laws,  the H-1B employees of the acquired/merged company do not need amended H-1B petition, if the acquiring company took over all the H-1B employees of the acquired company in the same H-1B employment terms.

 

 

 

 

     

 

 

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