|
Removal of New Petition
Requirement for Certain H1-B Applicants
January 25, 2002
State Department Cable clarifies that a new H-1B
petition is no longer required when the petitioning company has been
restructured including, but not limited to, by merger, acquisition or
consolidation. The entire cable appears below:
*******************************************
R 250131Z JAN 02
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
POUCH BELGRADE
POUCH DUSHANBE
POUCH LAHORE
UNCLAS STATE 014668
VISAS
E.O. 12958: N/A
TAGS: CVIS
SUBJECT: Removal of New Petition Requirement for Certain H1-B Applicants
1. Summary: This cable provides guidance for consular officers regarding
P.L. 106-396 that amends INA 214(c) by adding a new paragraph (10) pertaining to
H1-B applicants who under certain circumstances need not be in possession of a
new petition. End summary.
2. Section 401 of P.L.-106-396 ("Visa Waiver Permanent Program
Act"), enacted in October 30, 2000, amended INA 214(c) to eliminate the
requirement that H-1B applicants be in possession of a new petition if certain
changes in the structure of the petitioning company occur after approval of the
original petition. A new petition is no longer required when the petitioning
company has been restructured including, but not limited to, by merger,
acquisition or consolidation.
3. The new entity, however, must maintain the same interests and
obligations of the original petitioning employer. Also, the terms and conditions
of the applicant's employment at the new corporation must remain the same as
those of the original petitioning employer.
4. Consular officers, therefore, must not require a new petition in these
cases. Rather, they should request that the applicant provide appropriate
corporate documents evidencing the restructure, which might include items such
as contracts and other legal instruments containing a description the
restructure, corporate literature or copies of documents filed with the
government of the state of incorporation.
5. Questions regarding the application of the above in individual cases
should be addressed to CA/VO/L/A.
POWELL
|
