How are L-1 Intracompany Transfers affected by mergers, acquisitions, and other major corporate transactions?
For an L-1 visa, the law requires a qualifying relationship between the U.S. entity and the foreign entity from which the employee will be transferring. This relationship must be within the definitions of a parent, branch, affiliate or subsidiary as defined by the USCIS. Obviously, changes in the ownership structure of either one of the entities, through a corporate change may terminate the qualifying relationship and, consequently, invalidate the underlying L visas. However, if the petitioner, after a corporate change, can document that the qualifying relationship survives, then, only an amended petition will be necessary. For affiliated companies, if the ownership breakdown of the overseas entity and the U.S. entities changes, the qualifying relationship may no longer be there. Also, if the U.S. company is sold to another international company, the L-1 may survive even if the original foreign entity is no longer part of the corporate family. The key will be whether the company still
