Merger and Compliance Issues: How to Ensure Success Post-Filing
If the downturn in the economy has taught us anything, it is that changes in the corporate landscape are inevitable. Corporate mergers and acquisitions are more prevalent now than in years past. Immigration practitioners need to understand the immigration consequences of such mergers and acquistions for our corporate clients and their foreign national employees. This practice pointer will address the complex issues that arise in connection with the Program Electronic Review Management (PERM) labor certification process when there is a corporate merger or acquisition.
Timing is everything: Point of Analysis and
Advice for the Different Stages of the PERM Filing Process
When the U.S. Department of Labor (DOL) rolled out the PERM labor certification system, it forever changed the way labor certification applications were prepared and processed. Prior to PERM, DOL permitted the substitution of a successor employer if it occurred before a final determination and the job opportunity continued to be in the same area of employment as outlined in 20 CFR §656.30(c)(2). In such situations, employers would notify DOL of all the relevant changes, often initialing and dating each change on the ETA-750 form. Once certified, the ETA-750 looked like a first draft of a manuscript covered with strike out, initials, dates, and many colors of ink. However an employer was able to use this approved labor certification application with its noted modifications to file the I-140 petition and was not required to argue successor-in-interest as part of the I-140 submission.
Unfortunately, under PERM, modifications of the labor certification application are no longer permitted.