What Will Happen to my Labor Certification Application? 

Dr. William:

My Labor Certification is still pending at one of the Backlog Elimination Center. Now, my employer plans to sell the entire business to another company. If I can survive the possible layoff after the sale, it is very likely that I may have to relocate to another city. I am very worried about my Labor Certification and the priority date. What will happen to my Labor Certification application?


Answer: 

If your employer sells the company to another company, the new employer may buy the current employees as assets, and may continue the labor certification process for you even the company name is different. However, the new employer should be considered as successor-in-interest for your labor certification to get approved. 

But if you have to relocate to another city, it means that the location for the permanent job changes, which may make the the labor certification no longer invalid for you. Because the job's location has been listed in the labor certification application, it must exist at that location, and the employer must recruit the job at that location, not at another city.

 

 

 

 

     

 

 

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