Verify I-140s after M&A

Multiple immigration practices and M&A advisories, including Mayer Brown and the Murthy Law Firm, have circulated client alerts this year highlighting the need to confirm I‑140 continuity when corporate ownership, structure, or control changes occur. (mayerbrown.com) USCIS’s Policy Manual requires a successor employer that wants to rely on a predecessor’s approved petition to file an amended petition and to submit documentation showing transfer of ownership, current and prior organizational structure, job continuity, and ability to pay the proffered wage. (uscis.gov) USCIS field guidance continues to rely on the 2009 successor‑in‑interest (Puleo) memorandum when adjudicating whether a corporate buyer qualifies as a successor that preserves an approved I‑140 and its priority date. (uscis.gov) Practice guides and firm advisories list four core evidence categories USCIS expects in successor‑in‑interest filings: linkage to prior petitions, proof of the ownership transfer, documentation of continuing ability to pay, and statements showing job title/location/description continuity. (visaverge.com) If a successor cannot demonstrate it assumed the predecessor’s rights and liabilities, adjudicators may treat the I‑140 as a new petition — potentially causing loss of the original priority date and requiring a new PERM for affected beneficiaries. (visaverge.com) Sector context: USCIS is adjudicating I‑140s against an admissions backdrop of large backlogs (analyses cite roughly 11.3 million pending cases) and an Adjustment to Premium Processing Fees rule that took effect March 1, 2026, which changes premium‑processing costs and timing options. (tryalma.com) M&A due diligence templates from immigration boutiques and general counsel advisories now routinely include immigration audits, and DHS/E‑Verify guidance flags I‑9 and employment‑continuity issues that arise specifically during mergers, asset purchases, and corporate reorganizations. (brownwinick.com)