Angelo Paparelli Published in The New York Law Journal
"New Homeland Security Memo Poses Problems for M&A Deals"

Angelo Paparelli co-authored the article, "New Homeland Security Memo Poses Problems for M&A Deals," in the October 14, 2009 issue of The New York Law Journal. The article discusses recent developments in U.S. immigration law. According to the article, on August 6, 2009, the U.S. Citizenship and Immigration Services (USCIS) amended its instructions to Immigration Service Officers (ISOs) on how to decide whether foreign workers sponsored by the acquired entity in a merger, acquisition or other form of business restructuring may keep their place in the immigration visa queue. The authors note that "If these foreign workers are required to begin again at the end of the line with a new request for employment-based green-card sponsorship by the acquiring enterprise, it could delay the green card by years, especially distressing in those cases where they may have already waited years to become permanent residents (and thereby move ahead on the path to U.S. citizenship)."

In their article, Angelo and his co-author outline the origination of the recent USCIS policy instructions, what the new policy entails, and the potential problems that may arise from these changes. The authors conclude, "Given what is at stake here, USCIS should have incorporated the wisdom of dealmakers and experienced immigration lawyers on how today's deals are done, and how the relevant statues, regulations and agency practices legitimately support an even more expansive and flexible interpretation of successor-in interest eligibility."

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