http://www.greencardapply.com/news/news09/news09_0912.htm
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.
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