How Do Buyers and Sellers Navigate Immigration Issues in Asset & Stock Deals?

In a merger or acquisition, buyers and sellers often assume immigration status “automatically carries over.” But U.S. work visas are employer-, job-, and location-specific. Whether the employer technically changes on paper will drive whether filings are required.

In the context of U.S. immigration law, the “successor-in-interest” doctrine is critical when determining whether a new employer (post-transaction) can assume the immigration sponsorship obligations of the prior employer.

This article offers a practical look at what actually changes for foreign work authorization when a business is sold or acquired.

Deal Types Put Simply:

• Stock deal: The company (and its EIN/FEIN) is bought as a legal entity. The employer on visa paperwork stays the same. Titles, locations, and pay may change later, but the legal employer is unchanged at close.
• Asset deal: The business’s assets are bought, and people are hired into a new or different employing entity. The new entity was not the original sponsor for immigration purposes, so immigration analysis and strategy are required before day one of the new employment.

When are new or amended petitions needed?

Stock deal: In a stock deal, the legal entity remains unchanged, so the new owner is generally considered a successor-in-interest in immigration purposes. Often no amended filing is required for H-1B/E-3/TN/L-1 solely due to the ownership change, provided there’s no material change to job duties, job location, hours, or wage.

Asset deal: In an asset deal, however, the buyer must carefully assess whether it qualifies as a successor-in-interest, especially for pending or approved immigration petitions (such as I-140s for green cards). If the buyer does not assume substantially all assets and liabilities, or if the business operations change significantly, the new entity may not be recognized as a successor and require new filings.

Any deal type that changes worksites or duties can trigger action. Moving employees can require new LCA filings and worksite postings. Remote and hybrid setups still count, and where the employee actually works drives compliance. H-1B/E-3 will commonly require a new LCA and a petition amendment if the primary worksite changes to a new area of intended employment. L-1 amendments are needed if duties/level shift meaningfully.

Failure to notify agencies or update filings can result in Requests for Evidence (RFEs), denials, or loss of work authorization.

I-9 and E-Verify: What Actually Triggers Action?

• Stock deal: The employer does not change, so new I-9s are not needed solely due to the transaction. Only those with expiring work authorization need to be reverified.
• Asset deal: The buyer must either (a) obtain and maintain the seller’s I-9s (if permitted and advisable) or (b) complete new I-9s within three business days of each employee’s start date with the buyer entity.
• E-Verify: Update company profile information to reflect any name/FEIN changes. If you move to a new account, plan the cutover so new hires are created under the correct entity on day one.

A Practical Checklist

1. Confirm the structure: Is this a stock deal (same legal employer) or an asset deal (new employer)?
2. Build the roster: Due diligence should include a review of all foreign national employees. List every foreign national employee, status (H-1B, L-1, TN, E-3, F-1 OPT/STEM, etc.), job location(s), and expiration dates. Include any pending applications, compliance with wage, worksite and job duty requirements, and Public Access File requirements. Update PAFs as needed with new entity information.
3. Decide I-9 strategy: For asset deals, assess whether to assume vs. redo and prepare onboarding scripts; for stock deals, prep name-change updates and keep routine reverification on schedule.
4. Map LCAs to reality: For H-1B/E-3, confirm primary worksites; post LCAs or refile where needed. Document remote/hybrid locations and posting evidence.
5. Successor documentation: Prepare a short assumption of immigration obligations statement for the file.
6. Pending cases: For any pending USCIS cases, send post-close notices (e.g., name change, ownership) to avoid RFEs and delivery issues.
7. E-Verify/HRIS alignment: Update E-Verify and HRIS vendor profiles (legal name, FEIN, addresses, users). Ensure audit trails survive any data migration.
8. Communications plan: Send a short, plain-English employee FAQ: “Your status continues,” who to contact, travel guidance, and what (if anything) they will see in HR systems.

Following this checklist will help identify potential compliance gaps, risks of status interruption, and the need for remedial action before or immediately after closing.

When communicating with employees about immigration status and changes, ensure that all messaging is consistent with anti-discrimination laws. Employers should avoid singling out foreign national employees or making assumptions about their status.

Deal structure drives immigration steps. Stock deals usually mean continuity with documentation; asset deals often mean new sponsorship. Either way, a thorough day-one plan protects status, avoids risk, and makes for a smooth integration.

About Our Author

Mary Kate Fernandez focuses her practice exclusively on business immigration, representing employers across a range of industries. With experience guiding clients through U.S. immigration regulations, she helps businesses sponsor and retain skilled talent from around the world. She also assists employers in addressing a wide range of employment issues related to immigration and international employment, ensuring they remain compliant with regulations. Fernandez has established contacts and experience liaising with the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), U.S. Coast Guard (USCG), Department of State (DOS), and U.S. consulates worldwide. This network enables her to guide clients effectively through regulatory requirements across different jurisdictions.