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Successor
Requests to Use a Predecessor’s Approved Permanent Labor
Certification |
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Successor
Requests to Use a Predecessor’s Approved Permanent Labor
Certification |
| Hi
William, My previous employer has merged into another bigger company. Can we still use an approved permanent labor certifications that my previous employer filed with the U.S. Department of Labor? Answer, When a company is bought, merged, changes corporate structure, or significantly changes owners, the new or reorganized company may demonstrate to USCIS that it can be considered a successor in interest (successor) of the original company to assume the predecessor’s prior immigrant benefits requests. If such a successor company acquires all or some of a business from a predecessor company, it may file a petition that requests to use the approved permanent labor certifications that the predecessor filed with the U.S. Department of Labor (DOL). Such successor may also file a new or amended petition if the predecessor has already filed a petition. The employer must file such petitions within the validity period of the permanent labor certification and must submit the following evidence: 1) Documentation to
establish the qualifying transfer of the ownership of the predecessor
to the successor;
2) Documentation from an authorized official of the successor that evidences the transfer of ownership of the predecessor; the organizational structure of the predecessor prior to the transfer; the current organizational structure of the successor; and the job title, job location, rate of pay, job description, and job requirements for the permanent job opportunity for the beneficiary; 3) Documentation to demonstrate that the beneficiary possesses the requisite minimum education, licensure, and work experience requirements specified on the permanent labor certification; 4) The original approved permanent labor certification; and 5) Documentation to establish the ability to pay the proffered wage by the predecessor and the successor. |
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