US Admirer
Registered Users (C)
Successor-in-interest issues: Here\'s some literature on INS\' interpretation of Successor-in-interest as a result of Mergers and Acquisitions. Hope this clarifies a lot of your questions about when to file a new I-140 and LC.
In March 1992 INS entered into an agreement with DOL on how to handle changes or amendments to Labor Certifications once they are issued. According to the agreement most such changes are to be made by the INS.
Subsequently, in April 1992, INS issued additional instructions stating, among other things, that INS will make the determinations on Succesorship of interest in I-140 immigrant petitions. If the petitioner has been bought-out, merged, or had a significant change in ownership, the successor-in-interest must file a new I-140 petition.
To affirm the validity of the initial I-140 and the labor certification, the petitioner must establish that it is a successor in interest, and as such must assume all the rights, duties, obligations and assets of the original employer and continue to operate the same type of business as the original employer.
The successor in interest has the burden of proof and must submit documentation showing change of ownership. The new I-140 application should include copy of initial I140 approval and labor certification and supporting documentation. The new employer must also show that it is able to pay the proferred wage.
If the petitioning employer\'s location changes. the validity of LC might be affected. If employer moves within the same SMSA, old LC remains valid. However, if the employer moves outside the SMSA, old LC is invalid.
In March 1992 INS entered into an agreement with DOL on how to handle changes or amendments to Labor Certifications once they are issued. According to the agreement most such changes are to be made by the INS.
Subsequently, in April 1992, INS issued additional instructions stating, among other things, that INS will make the determinations on Succesorship of interest in I-140 immigrant petitions. If the petitioner has been bought-out, merged, or had a significant change in ownership, the successor-in-interest must file a new I-140 petition.
To affirm the validity of the initial I-140 and the labor certification, the petitioner must establish that it is a successor in interest, and as such must assume all the rights, duties, obligations and assets of the original employer and continue to operate the same type of business as the original employer.
The successor in interest has the burden of proof and must submit documentation showing change of ownership. The new I-140 application should include copy of initial I140 approval and labor certification and supporting documentation. The new employer must also show that it is able to pay the proferred wage.
If the petitioning employer\'s location changes. the validity of LC might be affected. If employer moves within the same SMSA, old LC remains valid. However, if the employer moves outside the SMSA, old LC is invalid.