If there is no substantive (or fundamental) change to the terms or conditions of the foreign persons’ employment which would affect his/eligibility for E classification – then there is no requirement to file a new Form I-129. “Prior approval is not required if corporate changes occur which do not affect the previously approved employment relationship, or are otherwise non-substantive.”
The alien must, however, to facilitate admission do one of the following:
- “Present a letter from the treaty-qualifying company through which the alien attained E classification explaining the nature of the change”
- “Request a new Form I-797, Approval Notice, reflecting the non-substantive change by filing Form I-129, with fee, and a complete description of the change”
- “Apply directly to Department of State for a new E visa reflecting the change.
Foreigners who don’t establish their credentials for subsidiary employment may also be able to demonstrate “to the satisfaction of the immigration officer at the port-of-entry in some other manner, his or her admissibility under section 101(a)(15)(E) of the Act.“
Contact an experienced immigrant lawyer to review whether you or an employee can continue working in the US if you/the employee works for a subsidiary.