Employment Based work visas can be volatile; and taking charge of one’s visa status is more important than ever in this economy. If you hold an H-1B visa, approved I-140 petition by a U.S. employer and/or have a pending Employment Based Green Card; it is important to understand how the actions of your company can make or break your U.S. status and immigration goals.
Here, I discuss how to manage one’s employment-based status which remains in flux until final approval. Common occurrences in the marketplace such as corporate take overs, mergers, change in ownership, transfers to your employer’s subsidiaries, and layoffs, can cause one’s work visa status to become unstable. For instance, non-citizens holding H-1B, L-1 status, or pending EB-1, EB-2, EB-3 or I-485 Green Card applications should take note here. Immigration consequences can be severe to one’s status, resulting in a denial or revocation of same.
The immigration laws that govern one’s status when an employer’s corporate structure changes is “Successor-in-Interest” and AC21 regulations. Whether an employer must file a new LCA, PERM Labor Certification, I-485 or not…depends on these complex laws. To avoid a crisis with your status, I will explain a few important steps and tips.
First, keep informed of news relevant to your organization’s business health, such as how well they are trading on the stock market; and their policy on laying off workers to meet key financial report indicators. Traditionally, laying off employees is the first strategy to improve the financial health of companies traded on the stock market. It’s important to be proactive and consult with experienced employment & business immigration lawyers who understand the risks to foreign nationals holding work visas and the high stakes involved. Our lawyers advise our employee clients confidentially on options, and we exclusively represent one party, the employee…to ensure no conflict-of-interest and privacy.
Second, if your company is being sold, merged, involved in a takeover, or your employer is being placed into a temporary Chapter 11 Bankruptcy, these are all red flags. If possible, find out your company’s written standard operating procedures, and review your employment contract on these issues at the time of accepting an employment offer.
In these type of situations, a conflict of interest exists with the employer’s immigration attorney, as they are first obligated to the employer’s interest and not yours. Seek your own separate U.S. immigration counsel to guide you as soon as these red flags occur.
Finally, if U.S. Citizenship & Immigration Services (“USCIS”) requests an interview before approval of one’s employment based Green Card, you will be asked questions about any changes in corporate structure and need to be prepared. We have even seen our clients have to answer additional questions from the interviewing Immigration Officer about their employer’s corporate structure when naturalizing to a U.S. Citizen. Having an immigration lawyer attend any such meetings with USCIS is recommended. Your immigration lawyer can answer all legal questions about your employer, so your USCIS application process and interview results are favorable, with no surprises.
We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703)966-0907. B&E Capital – Vassell Law Group,PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers Association for over 20 years.