Market consolidation, international growth and workforce reductions have become commonplace in the ever-evolving global economy. As more organizations employ highly skilled foreign nationals, these restructuring activities involve more complex logistics and compliance.

Here are immigration considerations for three of the most common company restructurings, and how you can support your foreign national employees through the changes.

Expanding or reducing operations in the U.S.

If your company is expanding its operations in the U.S. due to a merger, acquisition or new office location, you should consult with legal counsel on proactive measures to ensure continued work authorization for foreign national employees. Requirements vary depending on the specifics and timing of the company changes, as well as the employees’ immigration status.

For reductions in force, it’s important to understand the impact on your PERM program. If an employer conducts layoffs, then within six months files a PERM application for a similar role that was impacted, the PERM application is highly likely to be audited or denied. Immigration counsel can provide guidance to ensure compliance and explore viable alternatives in these situations.

Download our guide for deeper insights into managing immigration logistics and compliance through mergers and acquisitions, expansions and reductions in force.

Expanding or reducing operations globally 

Every country will have a unique process and set of requirements for operational changes, but there are some general considerations you should take into account when expanding into a new country or conducting layoffs.

For example, some acquiring businesses may need to maintain the legacy sponsoring entity in the country, and some expanding businesses may staff their new location through an Employer of Record rather than creating an actual entity in the country they’re branching into. Either situation impacts sponsorship activity. Employers should work with counsel to make sure these actions are compliant or appropriate.

When conducting layoffs, companies need to know the timeline for their country’s exit procedures, including how long the process takes and how quickly the sponsored employees need to leave the country. In some countries, employers have only 10 days to file the relevant cancellation or termination notification.

Maintaining immigration support through internal restructuring 

When internal company changes impact your immigration program — transitioning immigration responsibilities to another individual or department, tightening a team’s resources, high attrition within a team, etc. — companies can outsource immigration services to help fill in the gaps of their program.

An outsourced paralegal or immigration specialist can help manage ticketing systems, build reports and support case management services. Ultimately, they can take on some of the administrative burden so the rest of the team can focus on program strategy.

Dive deeper into immigration compliance during restructuring 

Download our guide for deeper insights into managing immigration logistics and compliance through mergers and acquisitions, expansions and reductions in force.