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Immigration Issues/PERM Employment Issue

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Question
Hello,

I work as a Computer Science Instructor at a public, magnet, math/sci school in Virginia. My PERM(MS + 0) was applied in Sept 2009 and certified in Aug 2010. My I-140 (EB2) was applied in Oct 2010 and is currently pending. I am citizen of India. My employer informed me today that until I get my  permanent residency, they are required by law to advertise for my position every year and if they find a qualified US Citizen, by law, they have to offer the US Citizen the job.

Is this true? If so, where in the law is this mentioned?

Thank you!
Sridhar

Answer
Hi,

Your employer is misinformed, as the relevant time period is six months within the filing of PERM. See excerpt below from http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;rgn=div5;view=text;node=20%

(k) Layoffs. (1) 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.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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