Change of Business Identity

When an H-1B employer changes its identity or structure as the result of an acquisition, merger, spin-off, or other such action, it may retain H-1B workers transferred by the change, provided it maintains a list of the H-1B workers transferred to the new employing entity and includes in the public access file the following documentation:

1. A list of each affected labor condition application (LCA) and its date of certification;
2. A description of the new entity's actual wage system;
3. The new Employer Identification Number (EIN) even if no change; and
4. A sworn statement by an authorized representative of the new employing entity expressly acknowledging it will assume all obligations, liabilities, and undertakings arising from or under attestations made in each certified and still effective LCA filed by the predecessor entity, specifically that it will:

1. Abide by the DOL's H-1B regulations applicable to the LCAs;
2. Maintain a copy of the statement in the public access file; and
3. Make the document available to any member of the public or the Department upon request.

When the employer seeks to hire new H-1B workers or obtain an extension of status, it must file new LCAs and petitions. At this time it must re-determine its H-1B dependent employer status.

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H-1B Advisor Glossary of Terms | Wage and Hour Division