How
does a Mergers and Acquisition affect a Labor Certification?
A mergers and acquisition may affect a Labor Certification depending
on whether the newly formed U.S. Company is acquiring the interests
of the original company that filed the Labor Certification.
The Labor Certification may continue and is valid, provided the
Company is the successor in interests of the original company
that filed the Labor Certification. If the merged company took
all the benefits (assets, account receivables, intellectual properties,
contracts rights and etc.) and liabilities (debts, contract obligations,
account payables and etc.) in the merger or buyout, the merged
Company is the successor in interests of the original company
and the new Company may continue the Labor Certification process
for the alien.