Successor-in-Interest
If a company has been acquired, merged or had a significant change in its ownership, the new or reorganized entity is generally considered a successor-in-interest (“Successor”) to the originally existing company.
In the immigration law context, the Successor is required to submit documentation evidencing that it has assumed the rights, duties, obligations and assets of the original employer and that it will be liable for the employment of the beneficiary subject to the terms set forth in the labor certification and I-140 Petition.
Similarly, a company that changed its name or corporate structure would need to meet these requirements.
Traditionally, these requirements by the Successor could have been met in cases where the labor certification (LC) has been approved and the I-140 had not yet been filed, by having the Successor company file the I-140 (immigrant visa petition by employer) with the evidence described above, to reaffirm that the Successor is continuing to offer the employment to the beneficiary in accordance with the information stated on the LC.