How do mergers, acquisitions and other major changes affect Form I-9 requirements?
While a closing may be a cause for celebration at a company, it can also be the cause of a nightmare for a company since it can instantly render all completed I-9s for an acquired company invalid. An employer who continues to employ some or all of a previous employers workforce in cases involving a corporate reorganization, merger, or sale of stock or assets may accept the I-9s previously prepared by the predecessor company. However, the Forms I-9 should be checked in the due diligence process to ensure that the acquired forms are in compliance, as any errors or omissions on the adopted forms become the responsibility of the acquiring employer. Employers should consider adding Forms I-9 to a merger checklist and have all employees of the combined company complete new forms on the day of closing or beforehand. In any case, an immigration lawyer should be consulted in any merger, acquisition, or divestiture to ensure that the transaction does not result in immigration problems. Can an em
