tech

I am an employer who's company is being bought by another company. Our
function and jobs will stay the same, but the company name and federal
employer number (FEIN) will change. I am concerned about whether anything
needs to be done for our H1 specialty worker. His job will not change, nor
salary, title, etc.

I called the USCIS 800 number. The officer told me that as long as the job
title and job function did not change, nothing need be done. He didn't
sound too sure and I'd love a second opinion. So I'd like some opinion or
experience about this situation. If we do need to make a filing, what form
and fee would be used?

Thank you in advance. Happy Holidays to you and your loved ones.

Bob

Michael E. Piston

Section 214(c)(10) of the Immigration and Nationality Act provides
that:

"An amended H-1B petition shall not be required where the petitioning
employer is involved in a corporate restructuring, including but not
limited to a merger, acquisition, or consolidation, where a new
corporate entity succeeds to the interests and obligations of the
original petitioning employer and where the terms and conditions of
employment remain the same but for the identity of the petitioner."

However, the successor entity must also either file a new labor
condition application for the beneficiary (which, according to some
government sources, obliges the employer to file an amended H-1b
petition anyway) or the employer must comply with 20 C.F.R.
655.730(e), which provides that:

"(1) Where an employer corporation changes its corporate structure as
the result of an acquisition, merger, "spin-off," or other such
action, the new employing entity is not required to file new LCAs and
H-1B petitions with respect to the H-1B nonimmigrants transferred to
the employ of the new employing entity (regardless of whether there is
a change in the Employer Identification Number (EIN)), provided that
the new employing entity maintains in its records a list of the H-1B
nonimmigrants transferred to the employ of the new employing entity,
and maintains in the public access file(s) (see Sec. 655.760) a
document containing all of the following:
655.730(e)(1)(i) Each affected LCA number and its date of
certification;
655.730(e)(1)(ii) A description of the new employing entity's actual
wage system applicable to H-1B nonimmigrant(s) who become employees of
the new employing entity;
655.730(e)(1)(iii) The employer identification number (EIN) of the new
employing entity (whether or not different from that of the
predecessor entity); and
655.730(e)(1)(iv) A sworn statement by an authorized representative of
the new employing entity expressly acknowledging such entity's
assumption of all obligations, liabilities and undertakings arising
from or under attestations made in each certified and still effective
LCA filed by the predecessor entity. Unless such statement is executed
and made available in accordance with this paragraph, the new
employing entity shall not employ any of the predecessor entity's H-1B
nonimmigrants without filing new LCAs and petitions for such
nonimmigrants. The new employing entity's statement shall include such
entity's explicit agreement to:
655.730(e)(1)(iv)(A) Abide by the DOL's H-1B regulations applicable to
the LCAs;
655.730(e)(1)(iv)(B) Maintain a copy of the statement in the public
access file (see Sec. 655.760); and
655.730(e)(1)(iv)(C) Make the document available to any member of the
public or the Department upon request."

Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350

The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.



wrote in message news:<tech-ya02408000R2312031549570001@192.168.0.1>...
    > I am an employer who's company is being bought by another company. Our
    > function and jobs will stay the same, but the company name and federal
    > employer number (FEIN) will change. I am concerned about whether anything
    > needs to be done for our H1 specialty worker. His job will not change, nor
    > salary, title, etc.
    >
    > I called the USCIS 800 number. The officer told me that as long as the job
    > title and job function did not change, nothing need be done. He didn't
    > sound too sure and I'd love a second opinion. So I'd like some opinion or
    > experience about this situation. If we do need to make a filing, what form
    > and fee would be used?
    >
    > Thank you in advance. Happy Holidays to you and your loved ones.
    >
    > Bob