How are lay off situations treated under the new rules?
If there was a layoff by the employer in the area of intended employment within six months of filing the application, either in the occupation for which certification is sought or in a related occupation, the employer must document that it has notified and considered all potentially qualified laid-off U.S. workers of the job opportunity involved in the application and the results of the notification. A “related occupation” is any occupation that requires workers to perform a majority of the essential duties involved in the occupation for which a Labor Certification is sought. The employer is required to document it has notified and considered only those workers it laid off, not those workers laid off by other employers. But in the case where a company is directed to complete supervised recruitment, the DOL may take notice of industry layoffs in directing the employer to make additional recruiting efforts. When an employer has laid off workers, stricter requirements on proving bona fide
