Change of Business Identity

When you change your identity or structure as the result of an acquisition, merger, spin-off, or other such action, you may retain H-1B workers transferred by the change, provided you maintain 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 you seek to hire new H-1B workers or obtain an extension of status, you must file new LCAs and petitions. At this time you must redetermine your H-1B dependent employer status.

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