I-140 Successor-in-Interest

Question details

Is any action required when an I-140 sponsoring employer undergoes acquisition, merger, or restructuring?

ANSWER

If the I-140 petition is still pending, then USCIS needs to be notified in writing of the change. If the I-140 is already approved, then an amendment needs to be filed by the successor-in-interest petitioner. Note that the successor-in-interest petitioner must take over the rights and liabilities of the earlier petitioner, including the immigration matters. Successor-in-interest cases can be tricky and generally need to be addressed by an attorney. For additional details, please see the attached USCIS memo from August 2009.

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