conditions for filing labor certifications

cartman976

Registered Users (C)
Consider a company that had layoffs more than a year ago. They say that in order for them to *legally* start filing for green cards they need the following three conditions

- that they are actively hiring more employees
- that the are not finding any US employees for these job profiles
AND
- that they have stopped laying off.

They do meet the first two criterias... but they are still having some internal unannounced layoffs.

My question is
- Is it really true that they have to have stopped layoffs/firings/headcount reduction for applying labor certs?

thanks,
-anoop.
 
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