Mergers and acquisitions may interrupt the validity of a pending or approved PERM labor certification, unless the newly formed U.S. Company acquired the interests of the original company that filed the labor certification application.
A PERM labor certification application may continue and is considered valid, provided that the new company is the successor in interest of the original company that filed the PERM lLabor certification application. If the merged company took all the benefits (assets, accounts receivable, intellectual property rights, contract rights, etc.) and liabilities (debts, contract obligations, accounts payable, etc.) in the merger or buyout, the new merged company is the successor in interest of the original company and the new merged company may continue the PERM process for the foreign national employee.
For example, Company A filed a PERM Labor Certification application for Mr. Kim. Shortly after Mr. Kim’s PERM with Company A is certified, but before Company A was able to file the I-140 petition with the USCIS, Company A concluded a deal and merged into Company B. In their merger agreement, Company B took all assets and responsibilities (including immigration liability of Company A) and Company A dissolved after the merger. In such a circumstance, if Company B is willing to continue to sponsor Mr. Kim’s green card process, Company B may file the I-140 petition for Mr. Kim by using the approved PERM under Company A’s name.
PERM labor certification is an extremely complicated procedure and time-sensitive. We recommend that you consult with an experienced and responsible immigration attorney. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at (713) 771-8433 or visit us at one of our six locations. You can also contact us conveniently online by emailing us at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service.
For more information on PERM labor certification, please refer to the following links: