As the job market recovers from the pandemic of 2020, employers
will start to rehire, but, if applications for alien labor
certification are contemplated, employers must recruit both new and
laid off US workers who are able, willing, qualified and available
before turning to the foreign labor pool.
As the US job market recovers from the pandemic of 2020,
employers will start to rehire, but where foreign workers are
concerned, employers must carefully consider not only new job
applicants who are able, willing, qualified and available, but also
those whom employers have laid off during the previous six
months.
While the term layoff in the PERM Rule means an
"involuntary separation of a worker without cause," the
definition is extended to identify persons who have been laid off
in the intended area of employment and in the same or related
occupation.
