The ever-shifting climate of the energy industry in recent years, coupled with supply chain security needs and a focus on the energy transition, has spurred notable M&A activity for many global companies operating in Texas. Companies considering acquisition, merger, or divestment as a part of their growth strategy would be wise in identifying potential risks in the immigration context early on as a part of due diligence. Corporate reorganizations often trigger substantial U.S. immigration compliance obligations and may impact whether a company can continue to employ foreign national employees.

Immigration ramifications are often a post-closing afterthought, even when foreign national employees are among the key players ensuring the success of a deal. Retaining these key players and avoiding major immigration compliance issues in the wake of a reorganization is often a matter of making minor changes to the structure and timing of a deal. Early consideration of the immigration scope in multinational transactions allows businesses to properly assess outcomes and adjust terms where needed to meet the ultimate goals of the deal.

In-house counsel can avoid unfortunate surprises for stakeholders and the business by incorporating U.S. immigration planning at the earliest stages of the deal and supporting a robust due diligence process. It's also important that in-house counsel navigating corporate reorganization scenarios discuss the interplay of these key elements with immigration counsel from the outset to improve outcomes: