Q: Suing company for negligence in handling their immigration matters

A foreign National employee who had been working with a mulitnational company for a decate and the last 3,5 years in the US on a E-1 Visa.

The employer went thru a Corporate Restructuring and is now not eligbale for E-Visas anymore and the foreign national employee lost his VISA status and re-entry in the US is not granted anymore.

Basically the employer didn't include potential immigration consequences as part of the due diligence process.

Would that be enough to have a case against the employer and are there verdicts for similar cases?

2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Clifton, NJ

A: The employer does not have to consider immigration consequences of it's restructuring. You do not have any viable case from what I can tell.

Barry E. Janay agrees with this answer

Barry E. Janay
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Livingston, NJ
  • Licensed in New York

A: The only potential case would be if the corporation and the employee had a contract that created an obligation that the employer thereafter did not perform.

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