U.S. Citizenship and Immigration Services (USCIS) has issued a policy memorandum, effective May 13, 2020, designating Matter of F-M- Co. as an Adopted Administrative Appeals Office decision, thus rendering it binding precedent. Matter of F-M- Co. clarifies that:
- For employment-based first preference category multinational executives or managers, a petitioner must have a qualifying relationship with the beneficiary’s foreign employer at the time the petition is filed and must maintain that relationship until the petition is adjudicated.
- If a corporate restructuring affecting the foreign entity occurs before the filing of the immigrant visa petition, a petitioner may establish that the beneficiary’s qualifying foreign employer continues to exist and do business through a valid successor entity.
If these conditions are met, the decision states, USCIS will consider the successor-in-interest to be the same entity as the one that employed the beneficiary abroad. This is a godsend for intracompany transferees who previously were at risk of losing eligibility for immigration benefits in the United States due to a corporate restructuring.
Petitions for large companies should be filed ASAP. The corporate relationship must exist at the time of filing the immigrant petition unless the petitioner can show that there is a successor-in-interest to the foreign employer that has the appropriate affiliation with the U.S. employer.
- USCIS policy memorandum, which includes Matter of F-M- Co., https://www.uscis.gov/sites/default/files/USCIS/files/Matter_of_F-M-_Co._Adopted_AAO_Decision_2020-01.pdf