saradagakasepu Posted July 31, 2015 Report Posted July 31, 2015 na labor may lo apply chesaru...june lo kontha mandini lay off chesi dobbaru... aug lo na friend ki labor apply cheyyalsi undi...kani lay offs chesina comp. lo labor apply chesthe deny ayye chances ekkuva unnay ani...6 months varaku labors emi apply cheyyakudadu ani.. attorney and management decide ayindanta... so na friend ki next jan lo labor apply chestha annaru... ippudu na situation enti? deeni valla na labor kuda deny ayye avakasam unda? lay offs cheyyadaniki 1 month mundu na labor apply chesaru kabatti naku emi affect undada?
Suhaas Posted July 31, 2015 Report Posted July 31, 2015 What is the Relevance of a Layoff in the PERM Context? The layoff provision is designed to incorporate reductions in force and downsizing; however, it can include an individual termination. Layoffs are defined as any "involuntary separation of a worker without cause." Therefore, it does not extend to situations in which the employer has terminated the worker for cause. It also only involves involuntary terminations. If the only terminations were either voluntary or for cause (such as poor work performance, etc), then the response to the question may be NO. The PERM regulations have made the issue of layoffs employer specific. The question does not consider industry layoffs. Who is a Protected U.S. Worker? The DOL is concerned with protecting U.S. workers. The layoff provision only applies to U.S. workers (U.S. citizens, lawful permanent residents, and individuals who do not require sponsorship to work in the U.S., such as refugees / asylees). If no U.S. workers have been terminated, then the answer to the DOL's question is no. Timeframe of Six Months Preceding Filing the PERM The DOL is only concerned with layoffs that occurred within the six months immediately prior to filing the form 9089. Therefore, any layoffs that were more than six months prior to the filing can be disregarded. Layoffs that occur after the filing of a labor certification also do not change the answer to the question. What is a Related Occupation for this Purpose? If there have been layoffs of U.S. workers within the six-month period prior to filing the form 9089, the employer must determine whether any former employee was working in the occupation on the labor certification or a related occupation. A related occupation is defined as any position that involves a majority of the essential duties of the sponsored position. So, if there were layoffs of U.S. workers in unrelated positions, the appropriate response to the question may be no. The issue of whether a position is considered related or not will be clear in some situations, and less so in others. It is important for employers to be careful when answering this question, as all others on immigration-related documents, since most responses are under penalty of perjury. Employers should be prepared to support any determination on this or any related matter, in the event of an audit. Source: http://www.murthy.com/2014/08/06/labor-certifications-after-employee-layoffs/
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