I-140 Filing After Company Merger: Navigating Work Location Changes

A common but complex scenario is playing out for an employment-based green card applicant whose company underwent a merger after their PERM was approved in January 2025. With the original PERM filed listing Texas as the work location, the subsequent corporate restructuring—moving headquarters from Texas to California—has created a crossroads for the applicant's green card journey. The applicant's employer has presented two paths: relocate permanently to Texas to file the I-140 using the existing approved PERM, or remain in Georgia and restart the PERM process. The applicant is leaning toward the Texas relocation option to preserve the January 2025 PERM approval date, which is especially valuable given their birth country's visa backlog. A critical consideration for EB-3 applicants in similar situations is that PERM certification is tied to a specific job at a specific location. Filing the I-140 requires that the job offer remain valid and that the work location align with what was certified. Relocating to Texas to file the I-140 satisfies this requirement under the existing certification. After I-140 approval, USCIS generally allows same-employer location changes as long as the position remains substantially similar. Because the applicant cannot file an I-485 due to visa backlog, the flexibility provided under AC21 portability rules does not yet apply. However, internal transfers with the same employer in a same or similar role typically do not require a new PERM, provided documentation supports the continuity. EB-3 applicants navigating corporate mergers, acquisitions, or location changes should consult an immigration attorney before making relocation decisions. Preserving a priority date while maintaining a valid job offer is paramount, and the specific facts of each case—including the nature of the position and the geographic scope of the employer's operations—will determine the safest path forward.