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What Happens to Labor Certifications Filed by Predecessor Company?

Hi William:

My employer just undergoes a corporate change, and our company has been bought by another company. What happens to my Labor Certifications filed by the predecessor company?

Answer:

The U.S. Department of Labor does not allow modification of a pending Labor Certification application. Generally, it is advisable for the successor-in-interest company to wait until the Labor Certification decision. 

If it is approved, then the case can continue with the successor company filing the Form I-140 with the USCIS. This I-140 filing would be accompanied by the Labor Certification as well as evidence that the company is a successor-in-interest to original Labor Certification filing company.








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