PERM process stopped due to layoffs in other department

[0002852853]

Backgroud; The recruiting was completed and they couldn't find anyone qualified for the position. But just around that there were layoffs within the company where those employees duties were not same as my PERM position. Also, the layoffs didn't even happen in the same location, it happened in different states. for PERM position is in NY, layoff in NJ. Now the legal department of my multinational company do not want the attorneys to move forward with my PERM. Is there anything I can do here to convince the legal team not to stop the PERM since the layoffs were not in the same location and Job duties were not similar?

[t75]

YOLU cannot do anything to influence your employer's legal advisors; they are obeying the law. YOU are not so important that anyone should risk their career for you. You can, however, find a new job.

[0002852853]

From what I have gathered from reading other posts 2 conditions have to be met in order for the PERM process to be affected 1. layoff in a job with similar duties. 2. layoff in same location. If the above two conditions are not met company can still move forward with the PERM process, correct? I understand the final call is of the legal advisors but I just want to make sure my information is correct. Can someone please confirm?

[catx]

You may be correct on the impact of employer layouts on a PERM labor certification application filing with respect to the regulations. However, a PERM labor certification application is 100% the employer's decision and process -- and therefore, if they choose not to file for you for any reason whatsoever it is completely at their discretion. (It is reasonable and understandable that an employer who has recently laid off people does not want to sponsor a foreign worker for permanent residency, as it could be create a bad perception of favoring a foreign worker over U.S. employees.)