Company merger happened before Perm got filed

[PAggarwal]

Hi,

My employer applied for a prevailing wage determination with expiration date of 07/31/2022.

The employer has done with an advertisement on job portal newspapers weekly magazines and NLX(National labor exchange site/DOL), the job was done for 60 days and good with the cooling period.

Query: 

Finally, when we are about to file the perm petition, my company got merged with sister company & now they have become single entity. So, can my employer's immigration team continue with my perm filing with the same existing Wage determination or they need to redo the entire case by applying for prevailing wage determination and posting advertisements (as a fresh start). Please share your thoughts if anyone has info on this.

[Attorney_16]

Typically if a merger has happened prior to filing the Labor Certification, you need to file under the correct new company's information and have documentation of the successor in interest for the Compliance File.  It is always safest to have an attorney review the successor in interest documentation to ensure that it shows a clear merger/acquisition.