There are myriad issues created during corporate mergers and acquisitions (M&As), and many affect foreign national staff's legal presence and ability to work in the United States.
Most employment-based nonimmigrant visas (NIVs)—unlike permanent green cards—limit the foreign national to working only for the company that obtained authorization to employ the person. Four of the most common NIVs are the H-1B, L-1, TN and E-2.
H-1B Visas
H-1B visas are used to employ professional-level foreign nationals in specialty occupations—such as accountants, computer systems analysts, engineers, scientists and teachers—in the United States.
L-1 Intracompany Transfer Visas
The L visa category is used to transfer foreign employees of qualifying organizations to the United States to continue employment with a parent, branch, subsidiary or affiliate of their foreign employer in a managerial, executive or specialized knowledge capacity. An example would be a U.S.-based company's France branch transferring someone in this capacity to the U.S.
TN Visas
Citizens of Mexico and Canada are eligible to work in specific professional-level occupations in the U.S. under the provisions of the United States-Mexico-Canada Agreement (USMCA). The list of professions specifically qualifying for TN visa status includes biologists, chemists and engineers.
E-2 Visas
E-2 visas are used to employ individuals who have the same nationality as the company employing them in the U.S. in either management or...
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