9/12/2009

USCIS Releases Memorandum to Loosen Up Interpretation of "Successor-in-Interest" for I-140 Employer Determination

The corporate employers are going through corporate restructures quite often through merger or acquisition or transfer of assets during or after the labor certification process. 

The involved foreign workers from time to time experiences an emotional crash not knowing whether the green card process can survive because of the change in company structure. The successor-in-interest entity type of corporate restructure is considered a change which will not affect both in the labor certification process and the I-140 and I-485 processes. 

Unfortunately, the requirement of successor-in-interest entities has been narrowly interpreted by the INS, USCIS, and AAO when it comes to determination of the employer in I-140 petition adjudication after the labor certification is approved. 

The USCIS released a memorandum dated 08/06/2009 in order to give a guide to the field adjudicators for the new interpretation of the term successor-in-interest, loosening up the parameters of the term. Those who are or have witnessed such changes with the labor certification employers or I-140 petition employers should definitely read this memorandum to find out what to do.