Check your I-140 approvals — employer changes can derail AOS filings
Key Takeaways
- If your employer was acquired, merged, or reorganized, it has been reported that your approved I-140 (immigrant petition for alien worker) may no longer reflect a valid job offer unless the new company is recognized as a successor-in-interest.
- Before filing for AOS (adjustment of status, Form I-485 to become a lawful permanent resident), confirm the employer name and job offer on your I-140 approval notice (Form I-797); you may need a Supplement J or an amended petition.
- Material changes to the job or the underlying labor certification (PERM) can require a new PERM/I-140. Priority dates are often retained, but approvals can be challenged or revoked in some circumstances.
- Consult an immigration attorney promptly if your employer structure changed; filing AOS without resolving petition validity risks denial and may delay or block green card processing.
What the alert says
It has been reported that immigration practitioners are advising beneficiaries to check their I-140 approvals carefully before filing for AOS. An I-140 approval is tied to a sponsoring employer and a specific job offer based on a labor certification (PERM) in many employment-based categories. If your employer was acquired, merged, or otherwise reorganized, USCIS (U.S. Citizenship and Immigration Services) will want evidence that the new entity is a valid successor-in-interest and that the job offer remains bona fide.
Why this matters to applicants
Filing an I-485 (adjustment of status) requires a continuing job offer for employment-based petitions; Supplement J (the form used to confirm the job offer) and the I-140 approval are key pieces of proof. If USCIS finds the petition no longer reflects a valid offer — for instance, because the acquiring company did not assume the obligations of the original petitioner or the job duties changed materially — the AOS can be denied even if you have an approved I-140. While beneficiaries often can retain their priority date (the place in line for a green card) when refiling, approvals can be revoked or challenged, and denial of AOS can create months or years of delay.
What to do now
Check your I-140 approval notice (Form I-797) for the employer name and job description. Ask your employer for successor-in-interest documentation if there was a merger or acquisition — payroll changeovers, asset-purchase agreements, and letters explaining assumption of obligations can help. If job duties, location, salary, or other material terms changed, consult an immigration attorney right away; you may need a new PERM or an amended I-140, or to prepare an appropriate Supplement J when filing the I-485. Also monitor USCIS processing times and current filing rules; policies and fee schedules can change, and those changes affect timing and strategy.
Source: Original Article