Hiring Freeze

[tsrajkumar80]

My employer agreed to my sponsor my GC and has started discussions to prepare for the labor certification. However, a company wide hiring freeze has been implemented. Will this cause an issue with my labor certification? As they would have to test the labor market and will that be feasible under a hiring freeze? Any thoughts on this?

 

TSR

[JoeF]

That means an LC can not go forward.

[t75]

Your company's attorney will file at the appropriate time.  They must legitimately try to hire a USC or LPR and cannot use hiring freeze to give you an undeserved benefit. You will just have to wait until the attorneys do their job. (What's the rush?  You have overcome the biggest hurdle - an employer willing to try for your GC.)

[tsrajkumar80]

My employers are filing to file my GC and am in the process of providing documentation. So I have cleared that hurdle but never anticipated the hiring freeze. So does it mean that I have to wait till the freeze is removed before I apply for my LC? Thanks

 

TSR

[tsrajkumar80]

Thanks Joe and TF.

 

Testing the labor market means only checking whether an eligible candidate is available. They need not be hired. So how does the hiring freeze affect the LCA  and why should it be stopped?

[JoeF]

Thanks Joe and TF.

 

Testing the labor market means only checking whether an eligible candidate is available. They need not be hired. So how does the hiring freeze affect the LCA  and why should it be stopped?

Actually, the company has to be ready to hire them. The company can not interview people and then tell them, sorry, we have a hiring freeze.

The job has to be available FOR REAL! And with a hiring freeze, it isn't.

With a hiring freeze, NO LC can be filed. Period.

[t75]

There are many who believe that the advertisement of a position with the intent of NOT finding a qualified individual is fraud and that a qualified USC or LPR should be hired and the foreign national fired.

The offering of a GC to a foreign national is to benefit the US and NOT the potential immigrant.

[t75]

And, if you want to argue the point, do it with the attorney handling your case

[catx]

If a company (sponsoring employer) is not prepared to hire "an eligible candidate" because of the hiring freeze, then the recruitment would be a false and fraudulent activity (there is no basis for the recruitment as there is no intent to hire), and thus the PERM labor certification application would be missing a requirement and would therefore be null and void.  For a PERM labor certification application a hiring freeze has the same on the process as would layoffs.

[t75]

If a company (sponsoring employer) is not prepared to hire "an eligible candidate" because of the hiring freeze, then the recruitment would be a false and fraudulent activity (there is no basis for the recruitment as there is no intent to hire), and thus the PERM labor certification application would be missing a requirement and would therefore be null and void.  For a PERM labor certification application a hiring freeze has the same on the process as would layoffs.

 

Great explanation