Layoff - Six Month Wait


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My company applied for my ‘prevailing wage’ and a reply has been received from DoL.
However, there is an issue. I work in the Finance team and there were some layoffs in the Accounting team. Both my manager and the manager from Accounting department agree that my role is different from the one that has been laid-off. But the company HR is saying that we need to wait for six months before PERM can be applied. As per the company lawyer, the DoL will know that someone was laid off and the titles are similar. Whereas my belief is that the only way DoL can find out is if the relevant check box is marked in the PERM/LC application. I am not asking the company to lie, but I feel that the company HR is incorrect in her analysis/recommendation.

1. Who determines that the lay-off were in a similar role compared to the PERM role? Isn’t it my company’s decision?
2. Any solution/suggestion?

 

Note: My title for prevailing wage and the title of the laid-off employee is different.

                    

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