レイオフとグリーンカード申請について

[California Layoff Notices]
http://www.sfgate.com/webdb/jobcuts/

↑既に半年以上先のレイオフが告知されている企業も。


サンクスギビングの一週間前、うちの会社でレイオフがありました。
残念なことに同じ部署からも一人let goになってしまい、部署の空気もやっぱりなんとなくshakyです。実はGCのLabor Certification Process中の私にとっても全然他人事ではないのでした。今の時点で既に1年以上遅れているプロセス、今回の一件により更にどういう影響を受けるのか人事部に問い合わせしてみました。

まぁこんな感じで↓

According to the following resources, there is some situation which I could possibly think of affecting my PERM process.


[Updated Questions and Answers on the PERM Regulation]
http://www.fragomen.com/resources/perm.shtml#7_1

8.1 Does PERM address layoffs?

Yes. If there has been a layoff by the employer in the area of intended employment within six months of the filing of the labor certification application, the rule requires employers to attest to and document that it notified and considered potentially qualified U.S. workers involved in the layoff and to document the results of such notification. In addition, the supplementary information to the regulation indicates that general labor market conditions – including layoffs by other employers in the industry – could be factors in triggering an audit and supervised recruitment, although the form does not ask the employer to provide such information.





[Green Card by PERM Labor Certification - Overview]
http://www.usavisanow.com/lcgreencardinfo.html

Layoffs

If there has been a layoff by the employer applicant in the area of intended employment within 6 months of filing an application involving the occupation for which certification is sought or in a related occupation, the employer must document it has notified and considered all potentially qualified laid off (employer applicant) U.S. workers of the job opportunity involved in the application and the results of the notification and consideration.

A layoff shall be considered any involuntary separation of one or more employees without cause or prejudice.
For the purposes of the above provision, a related occupation is any occupation that requires workers to perform a majority of the essential duties involved in the occupation for which certification is sought.





We had X people laid off last week, one of whom was from our studio.
At that moment the person belonged to Planning studio though, my understanding is that she was filed in “Architectural designer (I don’t know the exact title name)” position.

I am concerned how it affects to my case.
Your prompt and clear guidance would be very much appreciated.


Thanks,



HRからの返信はこんな感じ↓


XX,

As you mentioned below, the PERM regulations state that where there has been a layoff within the area of intended employment within the occupation or a related occupation within the preceding six (6) months, the employer must notify and consider for the position any potentially qualified U.S. workers (including U.S. Citizens and Lawful Permanent Residents) prior to filing the PERM application.

Since there have been layoffs within the preceding six (6) months in the San Francisco office it is necessary to document that うちの会社 has notified and considered all laid off U.S. workers who are potentially qualified for your position.

Our legal counsel will conduct an analysis and confirm whether うちの会社 may move forward with this PERM case.


これって・・・すごい不安なんですけど。