Successor-in-Interest

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.

Eligibility Requirements

In order to remain eligible for your employment based immigrant visa petition, the company that acquired the previous company must meet several criteria to qualify as a “Successor in interest.” There are three factors that must all be met. First, the job opportunity offered by the successor must be the same as the job opportunity originally offered on the labor certification. Second, the successor bears the burden of proof to establish eligibility in all respects, including evidence of the predecessor’s ability to pay the proffered wage as of the date the labor certification was filed. Third, in order to show a valid successor in interest relationship between the successor and the predecessor that filed the labor certification, the petitioner must fully describe and document the transfer and assumption of the ownership of the predecessor by the successor.

The job opportunity offered by the successor must be the same as the job opportunity originally offered on the labor certification.

The job offered by the successor company must have the same or greater rate of pay, similar job description, and job requirements. Your petition will fail if you are asking the USCIS to accept changes on labor certification items relating to labor market test. Your Job must have been available since the labor certification was filed. Before the acquisition, the job opportunity ceases if the business operations ceased during the ownership transfer so that your services were no longer required. After the acquisition, job opportunity ceases if the business operations had a substantial lapse so that your services were no longer required.

The successor bears the burden of proof to establish eligibility in all respects

The successor company must prove eligibility in all respects, including evidence of the predecessor’s ability to pay the proffered wage as of the date the labor certification was filed. It must be established that the predecessor had the ability to pay the proffered wage from the labor certification filing date until the transfer of ownership occurred. It must be also be established that the successor had the ability to pay the proffered wage from the date the transfer of ownership occurred until such time as your immigrant visa is issued or you adjust status to permanent residence.

The petitioner must fully describe and document the transfer and assumption of the ownership of the predecessor by the successor.

To show a valid successor in interest relationship between the successor and the predecessor that filed the labor certification, the petitioner must fully describe and document the transfer and assumption of the ownership of the predecessor by the successor. It must be established that that the successor company purchased both the assets and also purchased the rights and obligations necessary to carry on the business in the same manner as the predecessor.

Levels of difficulty in establishing a Successor in interest

For acquisitions made through stock purchase agreements, this should be a fairly straightforward process to meet the necessary criteria. In cases involving asset purchase acquisitions, the process becomes more involved as more evidence will be required. Merger acquisitions cases are very complex and require thorough examination and extensive documentary evidence in order to be approved.

Client Reviews

I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
T M
T M
19:18 23 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
bryan mowrey
bryan mowrey
06:41 25 Nov 16
Marc and John Dorer worked on our case to file for AOS after our L1A was approved.Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call.All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers.But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally.Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
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Callistus Pereira
Callistus Pereira
17:51 06 Jun 17
I am US citizen. We hired Marc's firm for my wife's Green Card process, We are extremely happy with their services.They are one of the best service providers in the country. Price is very affordable. John is awesome. He responded to our queries on time with very useful information. We highly recommend this firm to anybody looking for affordable and the best immigration services. it was an awesome experience working with this team.
Narsimha M
Narsimha M
13:57 04 Aug 17
Mark and team went above all my expectations of an 'online' service agency I went in with very low expectations to match the low cost of the service and was amazed that the experience was no different than going through an expensive attorney. They were very prompt on responses, very patient and also very knowledgeable on every facet of the application (including a follow up checklist). I would highly recommend them considering the low cost they charge and the high risk we take by doing this ourselves
First Dhalsite
First Dhalsite
22:27 01 Sep 17
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Jackline Osero
Jackline Osero
17:32 12 Sep 17
The best law agency I have ever worked with. Very responsive, experienced. I trusted my green process to them and it was done perfectly without and issues in minimum possible period. Thank You Very much Marc, John and others!!!
Hrach Gyulzadyan
Hrach Gyulzadyan
16:38 30 Sep 17
My husband and I worked with John Dorer from Marc Taylor's office, and his services exceeded our expectations. He was very knowledgeable, responsive, and our Green Card process and interview from start to finish went smoothly. Thank you so much, John, for your dedication to our case and all your help. I would highly recommend USAVISANOW to all!
Sophia Nguyen
Sophia Nguyen
17:26 09 Oct 17
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Amin Bagheri
Amin Bagheri
11:54 12 Oct 17

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