EB2 to EB3 downgrade, Company getting acquired

Hi all, Unique situation and need some input from experts

Labor and I140 were approved with Company A (previous employer). PD EB2- June 2013. Changed jobs in 2020. The current employer (Company B) has not started the GC process. May have to wait for 1 more year.

I am on good terms with Company A and they are willing to file for EB2-> EB3 downgrade and I-485. However, Company A is now acquired by Company C. The acquisition will be complete early next year (Jan 2022).

Need clarification on:

  1. Company A is willing to file for EB3 downgrade and I485, but once Company A merges with Company C, will there be a need for a new PERM with Company C (work function and role do not change)?
  2. Given the PD of EB2 June 2013, is it advisable to downgrade Eb2–>Eb3 using PP?


If the company C is Successor In Interest (SII) they may just file SII amendment to I-140 and no need to file new PERM. Talk to company A immigration lawyer/HR to find out if company C will be taking over all immigration liabilities for comapny A.

You should.