While immigration law is often considered a concern only for foreign nationals or large, multinational interests, there are a number of immigration law matters that impact nearly all business entities. First, every employer must comply with employment eligibility verification requirements or risk civil fines or even criminal penalties. In so doing, businesses must avoid potential discrimination pitfalls in seeking employment eligibility documentation. Federal E-Verify requirements may be applicable as well.
Companies involved in an acquisition, merger or reorganization must consider the impact that corporate change may have on its own employees or the workforce of the acquired or reorganized entity. Those conducting due diligence investigations must consider immigration related implications – both in terms of prior compliance as well as post-transaction legal status.
Immigration law is a complex statutory and regulatory patchwork enforced by multiple federal agencies. All employers are impacted and should seek guidance from experienced immigration counsel.