According to the U.S. Department of Labor, in the weeks immediately following Sept. 11, employers reported 430 events involving 125,637 workers who lost their jobs as a direct or indirect effect of the attacks. More recently, the Labor Department reported that employers initiated 2,146 mass layoff actions in January. Each of these actions involved at least 50 individuals from a single establishment, and the number of workers involved totaled 263,821. This only begins to tell the story of the vast numbers of layoffs around the United States as daily reporting of new layoffs becomes common.
Despite the higher level of unemployment in the United States, however, many employers still have numbers of foreign nationals in key positions. Retaining these key personnel often requires petitioning for lawful permanent residence. Traditionally, these employers petitioned for permanent residence through the labor certification process. Labor certification requires a test of the job market. Specifically, employers must show that after recruitment efforts, no U.S. worker has been found who is willing or able to perform the minimum duties required for the position at the prevailing wage.
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