Provide the transaction structure, executed ownership records when available, governance documents and the acquired business’s operating and staffing records. Counsel also needs the foreign employer and beneficiary’s employment history.
Distinguish signed terms from completed ownership
Identify closing conditions, effective dates and the entity retaining employees, contracts and assets. A draft agreement may explain the plan but does not establish a completed qualifying relationship. Reconcile the post-closing organization chart with actual staff and duties.
Keep commercial diligence material organized separately while making relevant factual records available for the immigration analysis. Expect the output to be a document schedule with dates rather than a request for everything. The schedule should distinguish signed terms from completed ownership, since a purchase agreement executed subject to conditions describes an intention while the closing certificate or updated register describes a fact.
Ask which entity retains the employees, the contracts and the assets, because an asset purchase can leave the workforce with a seller entity and that materially changes both the employment analysis and the operating picture. Add the foreign employer records and the beneficiary employment history as a separate bundle with its own owner, since those come from a different place and are frequently the last to arrive. A draft agreement is worth reviewing early for what it reveals about the intended structure, provided nobody treats it as evidence of the structure.