|
Can
My Employer File Form I-140 Petition for Me to USCIS as
Successor-In-Interest? |
|
Can
My Employer File Form I-140 Petition for Me to USCIS as
Successor-In-Interest? |
| Hi
William, My previous employer was a small start-up company, which aplied the PERM Permanent Labor Certification for me. Then another larger company in the field purchased my previous company. Can my employer now file the Form I-140 petition for me to USCIS as successor-in-interest? Answer, The three successor-in-interest factors are: 1) The job opportunity offered by the successor must be the same as the job opportunity originally offered on the permanent labor certification; 2) The successor bears the burden of proof to establish all elements of eligibility as of the priority date, including the provision of required evidence from the predecessor entity, such as evidence of the predecessor’s ability to pay the proffered wage; and 3) For a valid successor-in-interest relationship to exist between the successor and the predecessor that filed the permanent labor certification, the petition must fully describe and document the transfer and assumption of the ownership of the predecessor by the successor. If a business can establish these three factors, USCIS may find a valid successor-in-interest relationship even in situations where a successor does not wholly assume a predecessor entity’s rights, duties, and obligations. |
|
For All
Your
Immigration
and Green Card Application Needs
 ©
Green Card Application
Service, www.greencardapply.com |
