to Maintain My H-1B Status after the Corporate Changes?
My employer recently merged into another company. What are the impacts of the corporate change on my H-1B status? and how to maintain my H-1B status after the corporate changes?
Typically, the successor company assumes certain liabilities, including liability for all H-1B petitions, and is required to update the corporate change and successor relationship in the public access file. This may allow H-1B workers to continue employment without disruption under immigration provisions and interpretations which makes it so that each H1B worker’s terms of employment remains the same as with the prior entity.
From time to time, however, other material changes accompany the corporate changes. Typical examples include a change in work location, or a material change in the job duties. In such a case, it is necessary to obtain an updated labor condition application (LCA) and, in most cases, an amended H-1B petition.
In this situation, the most important issue to consider is whether the new comoany after the change is legally a "successor-in-interest" to the original H-1B sponsoring company. If the new company is, then there is no need to file an amended H-1B for each H-1B employee. On the other hand, if the new company is not considered a "successor-in-interest," failure to submit an amended H-1B can have serious consequences.
In many cases, the human resource personnel and H-1B employees themselves realize too late that a corporate restructuring has generated H-1B-related issues that must be addressed. Failure to consider these ramifications can result in the company's H-1B employees losing their status and even render an employer subject to government sanctions.
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