PERM Layoff Notice Requirements: What Employers Must Document

Layoffs can create a serious PERM issue when they occur within six months before filing and involve the sponsored occupation or a related occupation in the area of intended employment. The employer may need to show that it notified and considered potentially qualified laid-off U.S. workers for the job opportunity.

The rule is not limited to layoffs with the exact same job title. A related occupation can include work requiring a majority of the essential duties of the sponsored role. Employers should review job duties, locations, departments, corporate entities, and timing before finalizing the PERM recruitment file.

Documentation should show who was laid off, why the separation occurred, whether it was without cause or prejudice, how each potentially qualified worker was notified, what response was received, and why any worker was or was not qualified for the PERM position.

New Horizons Legal helps employers evaluate layoff history, recruitment records, and audit-file documentation before filing a PERM application that could draw Department of Labor scrutiny.