Found My Own Answer
I managed to find the updated CFR on the Department Of Labor web site. Sure enough, the company is correct. (Still worried about the border guard part though). Here is the text from 20 CFR 655.730 (e). (I\'ve asked they ensure the sworn statement references this document and section).
20 CFR 655.730
(e) Change in employer\'s corporate structure or identity. (1) Where an employer corporation changes its corporate structure as the result of an acquisition, merger, "spin-off," or other such action, the new employing entity is not required to file new LCAs and H-1B petitions with respect to the H-1B nonimmigrants transferred to the employ of the new employing entity (regardless of whether there is a change in the Employer Identification Number (EIN)), provided that the new employing entity maintains in its records a list of the H-1B nonimmigrants transferred to the employ of the new employing entity, and maintains in the public access file(s) (see §655.760) a document containing all of the following:
(i) Each affected LCA number and its date of certification;
(ii) A description of the new employing entity\'s actual wage system applicable to H-1B nonimmigrant(s) who become employees of the new employing entity;
(iii) The employer identification number (EIN) of the new employing entity (whether or not different from that of the predecessor entity); and
(iv) A sworn statement by an authorized representative of the new employing entity expressly acknowledging such entity\'s assumption of all obligations, liabilities and undertakings arising from or under attestations made in each certified and still effective LCA filed by the predecessor entity. Unless such statement is executed and made available in accordance with this paragraph, the new employing entity shall not employ any of the predecessor entity\'s H-1B nonimmigrants without filing new LCAs and petitions for such nonimmigrants. The new employing entity\'s statement shall include such entity\'s explicit agreement to:
(A) Abide by the DOL\'s H-1B regulations applicable to the LCAs;
(B) Maintain a copy of the statement in the public access file (see §655.760); and
(C) Make the document available to any member of the public or the Department upon request.
(2) Notwithstanding the provisions of paragraph (e)(1) of this section, the new employing entity must file new LCA(s) and H-1B petition(s) when it hires any new H-1B nonimmigrant(s) or seeks extension(s) of H-1B status for existing H-1B nonimmigrant(s). In other words, the new employing entity may not utilize the predecessor entity\'s LCA(s) to support the hiring or extension of any H-1B nonimmigrant after the change in corporate structure.
(3) A change in an employer\'s H-1B-dependency status which results from the change in the corporate structure has no effect on the employer\'s obligations with respect to its current H-1B nonimmigrant employees. However, the new employing entity shall comply with §655.736 concerning H-1B-dependency and/or willful-violator status and §655.737 concerning exempt H-1B nonimmigrants, in the event that such entity seeks to hire new H-1B nonimmigrant(s) or to extend the H-1B status of existing H-1B nonimmigrants. (See §655.736(d)(6).)
