Madan & Saigal, LLC’s business immigration practice provides temporary and permanent immigration solutions (along with ancillary services) to those that will advance the interest of the U.S., including job creators, innovators, financiers, professionals, and those with superior skills and abilities.
More specifically, the M&S business immigration team (which is comprised of internal and external attorneys and experts) serves investors, entrepreneurs, businesses, business personnel, employers, domestic and multinational employees, scientists, athletes, artists, actors, entertainers, and a host of others with extraordinary or exceptional abilities. M&S also has international services for U.S. residents and clientele seeking entry to foreign countries as business visitors, employees, expatriates, or other capacities.
M&S designs immigration strategies for businesses, business people, employers, employees, investors, individuals, intracompany transferees or multinational managers, artists, entertainers, athletes, or other aspiring U.S. immigrants. You can count on M&S to design enterprise-wide and individual immigration strategies for work, study, training, transfer of personnel, deployment of extraordinary/exceptional ability, investment, business operations, or any other purpose, whether temporary or permanent.
M&S utilizes a variety of nonimmigrant classifications for temporary stay in the U.S., including B-1/B-2 (Business/Visitor), H-1B (Speciality Occupation), E-3 (Speciality Occupation – Australian Citizen), L-1 (Intracompany Transferee), T.N. (Trade/NAFTA), O-1 (Extraordinary Ability), F-1 (Student), J-1 (Exchange Visitor), E-1 (Treaty-Trader) and E-2 (Treaty-Investor). M & S also utilizes a variety of immigrant classifications for permanent residence in the U.S., including EB-1 (Extraordinary Ability/Outstanding Professor-Researcher/Multinational Manager), EB-2 (Advanced Degree/Exceptional Ability/National Interest Waiver), EB-3 (Professionals with a Baccalaureate Degree/Skilled and Unskilled Workers), EB-4 (Special Immigrants including Broadcasters/Religious Workers/Employees of International Organizations Etc.), and EB-5 (Investor Visa – Direct Investment/Investment in a Regional Center). The criteria for many of these classifications are stringent. As such, M&S spends significant time aligning strategy with client goals and creating an evidentiary record that consistently exemplifies the best possible case.
There are many ways to obtain citizenship in the U.S. No matter your unique situation, our immigration lawyers can guide you through the entire process, from start to finish. We are experts in all aspects of the naturalization and citizenship analysis and procedure, including literacy, civics and oath, dual citizenship, the USCIS Naturalization Interview and Test, and other legal requirements.
If consulates, embassies, and other diplomatic posts are part of your immigration process, our legal team is here to help. Whether you seek temporary or permanent immigration, we offer flexible, personalized services to meet your specific requirements. M&S can assist in determining applicable travel restrictions, analyzing, reviewing, and processing of visa applications, as well as in assessing ease of processing, appointment times, lines of potential questioning, document management, and other aspects.
M&S provides compliance and enforcement solutions to companies of all sizes. Regulations in this area are constantly changing, multiple federal agencies have jurisdiction, and the frequency of enforcement action is exceptionally high. Therefore, employers and employees must be adequately apprised of applicable rules and understand how to comply with them.
M&S’s capabilities include handling ICE (Immigration and Customs Enforcement) I-9 audits and investigations, E-Verify monitoring and review, as well as DOL (Department of Labor), USCIS (U.S. Citizenship and Immigration Service), and FDNS (Fraud Detection and National Security) site visits, audits, and investigations. M&S also handles government debarment actions, DOJ (Department of Justice) IER (Immigrant and Employee Right) discrimination investigations, and a host of other issues in this space.
Under U.S. law, organizations can become specific sponsors under various government programs that support volume-based commercial activity or other public and private sector objectives. These include the EB-5 regional center (periodically subject to extension by the Congress), J-1 visa program sponsor, and L-1 Blanket Petitions. M&S assist in the process of becoming an approved sponsor or amending existing sponsorship.
M&S assists clients in the U.S. who may need to travel or work abroad. We devise strategies for foreign work permits and visas for individuals including short and long-term expatriates, corporate, and others. Once we learn more about your unique needs, we will craft a personalized strategy to help you meet them.
If you don’t receive the benefits you’re entitled to, or policy or law requires a challenge, the court may be the best next step. We work with highly skilled immigration litigators to challenge agency decisions, eradicate delays, and protect your investment. We’ll relentlessly fight for your rights and ensure they’re protected.
Technological tools can simplify and streamline the immigration process while promoting compliance. With our legal team by your side, you can receive the support you need to take full advantage of robust, modern tools. Our expertise can help you select applications that manage your immigration programs with ease.
Due to the complexity and constant changes in the immigration industry, you must train your internal stakeholders on various concepts, requirements, and processes. That’s why we offer personalized immigration training that can set your organization up for success today, tomorrow, and years down the road. We are equipped to help train your personnel while you focus on other tasks.
Immigration regulations change frequently. Therefore, our immigration attorneys regularly monitor and counsel clients on impending or new legislative and regulatory changes in immigration. We’re here to provide the latest immigration information when you need it and help facilitate policies that advance the national interest.
Understanding immigration compliance requirements and portability of benefits are essential during mergers and acquisitions. Our immigration lawyers are here to address common immigration concerns during the due diligence process. In most cases, these relate to immigrant and nonimmigrant classifications and I-9 Verification. Please see the FAQs on this page for additional detail on this topic.
Obligations and Portability of Immigration Statuses During a Corporate Restructuring (Mergers, Acquisitions, and the like)
A snapshot of employer obligations in the HR and immigration context during a corporate restructuring in the HR and
H-1B and TN Visas
Generally, employees under H-1B or TN statuses will not require any amended or new filing if the corporate restructuring creates a successor-in-interest scenario. However, if there is either a material change in employment as a result of the restructuring (new location, position, salary, etc.) or if there is some lack of compliance in the employee’s public access file or other, an amendment would be required even if there was a successor-in-interest scenario. If there is no successor-in-interest scenario, it is possible for H-1B holders (not TN Holders) to rely on portability provisions.
L-1 Visas
For L-1 visas to survive a corporate restructuring, a successor-in-interest scenario must exist, a qualifying relationship between the succeeding entity and its employees that are intracompany transferees in L-1 status can be adversely affected by corporate restructuring. Even if they maintain similar duties, a “qualifying relationship” between their previous foreign employer and their U.S. employer must continue to exist, or at minimum, the succeeding entity must be multinational and have a legal presence in the U.S. and abroad that has a “qualifying relationship.”
E-1/E-2 Treaty Traders and Treaty Investors
E-1 and E-2 visa holders include executives, managers, and those with essential skills who come to the United States pursuant to a treaty between their home country and the U.S. In any successor-in-interest scenario, the nationality of the firm would have to be maintained for E-2 immigration benefits to surviving any corporate restructuring. In addition, any material changes in the nature of work beyond what is permitted by E-2 provisions may require an alternate status.
O-1 Visas
Those who are working based upon extraordinary ability will be unaffected by any corporate restructuring in successor-in-interest scenarios. However, if there is a material change in employment, an amendment or new petition may be required.
Green Card Holders/Green Card Applications
Approved green card (permanent resident) holders will be unaffected by a corporate restructuring without regard to whether a successor-in-interest scenario exists or not. However, corporate restructuring can affect an employee’s green card application depending on the stage it is in and whether a successor-in-interest scenario exists.
If the PERM (labor certification) is certified at the time of the corporate restructuring, the employer can submit documentation that it is a successor-in-interest when it filed the I-140 petition. The successor employer will have to prove that the job opportunity being offered is the same as the one originally specified in the labor certification, and the successor employer must operate the same type of business as the predecessor entity that filed the labor certification.
If an Immigrant Petition (Form I-140) is pending or approved but an Adjustment of Status Application (Form I-485) has not been filed when any corporate restructuring takes place, then an amended I-140 petition must be filed to prove the new entity is a successor entity. If the I-485 application is pending at the time of the corporate restructuring, “portability” rules may permit the employee to transition to a new employer provided the application has been pending for more than 180 days and the job duties are the same or similar to those specified in the labor certification. In the same scenario – if Form I-485 has been pending for less than 180 days at the time of the corporate restructuring, then an amended I-140 petition must be filed.
In the case of EB-1(C) or any other green card petition that may not require a labor certification, the above-stated rules pertaining to pending/approved I-140 petitions and pending I-485 applications will apply.
I-9 Verification
Form I-9 is required to verify the legal status enabling employment for every employee. Entities that succeed to employee assets and liabilities after a corporate restructuring need to pay close attention to and inspect Form I-9 records for all employees. If these records were not properly maintained, and the succeeding company does not complete new I-9 forms, significant fines can be levied.
For additional information about immigration classifications and obligations during any corporate restructuring, please contact us.