Labor Certification: RIR

THE PROCESS OF ALIEN EMPLOYMENT CERTIFICATION

The majority of aliens seeking permanent residency on the basis
of an offer of U.S. employment must first receive a labor
certification from the U.S. Department of Labor (DOL).

Under U.S. immigration laws, the DOL is responsible for certifying
that employer-sponsored immigrants to this country will not impair
the wages or working conditions of U.S. workers.

This certification is obtained by the employer who files an
"Application for Alien Employment Certification".

One of the most significant developments in the past year in the
labor certification process is the "fast track" method of certification
known as Reduction in Recruitment (RIR).

RIR is generally a preferred alternative to the traditional labor
certification process because the guidelines require that RIR
requests be handled on an expedited basis.

In fact, in many regions, the most viable method of getting a labor
certification processed within a reasonable time is through RIR.

THE RIR PROCESS:
The mechanics of an RIR request are relatively straightforward.

The employer makes a written request for a reduction in
recruitment with evidence of the employer's adequate recruiting
efforts for that position during the preceding six months together
with whatever other evidence can be provided about the general
labor market in the particular field.

The request is submitted to the State Employment Service Agency
(SESA) where the application is reviewed for completeness,
adequacy of the wage offer, and absence of restrictive job
requirements.

A good RIR case establishes four criteria:

Proving that the occupation is one for which there is little or
no availability of qualified U.S. workers.
Proving that there are no restrictive requirements; that all
requirements are real, reasonable and normal.
Proving that the wage offered meets the prevailing wage.
Proving that the employer "adequately recruited through
sources normal to the occupation and industry within the
previous six months".

ADVANTAGES OF RIR PROCESS
The RIR process is faster:

Procedurally, RIR requests which contain no deficiencies
are processed on an expedited basis ahead of other labor
certification cases.
In many regions, due to lengthy backlogs, processing of
non-RIR cases has virtually come to a halt.
RIR can expedite the process and save as much as one or
two years in some regions.
The RIR process is good for many employers:
Many companies tend to advertise or recruit for various
positions frequently or, in some cases, on an on-going basis.
If a company has not been recruiting, we will develop and
administer a recruitment campaign.
The employer saves resources by not having to conduct
individualized recruitment for each alien worker, and being
able to use a pattern of recruitment to support multiple
applications.

Only general documentation of recruitment efforts is
required:
Many regions only require general documentation of the number
of resumes received, the number of people interviewed, the
number of offers made and/or accepted, etc.

To qualify for RIR processing, it is not necessary to submit
every resume received pursuant to the employers
recruitment efforts along with documentation as to why each
person is unqualified for the position.

THE ATTORNEY'S ROLE
Our task is to apply the constantly changing laws and regulations
in this area to the particular facts in each specific case. This is
particularly important because many of the requirements for a
successful RIR application are counter-intuitive to real world
employment recruitment. We will analyze the possibilities of a
successful RIR application versus the traditional labor certification
process.

We will monitor and examine whether there are significant
backlogs at the state and/or regional levels for processing
labor certification cases under their normal procedures.

We will analyze and evaluate the strength of the employer's
documentation regarding its prior recruitment efforts.

We will assess whether the employer's prior recruitment
efforts establish a "pattern" of good faith recruitment
through sources normal to the occupation and industry
within the preceding six month period.

We will evaluate whether the documentation establishes a
good faith effort to recruit U.S. workers and whether the
recruitment source used by the employer is typical for that
industry.

If more recruitment is necessary, we will develop, organize,
and administer a recruitment campaign that will satisfy RIR
requirements. This includes drafting the ad, locating the
appropriate sources for advertisements (newspapers,
industry periodicals, internet job banks, etc.), placing the
ad, and compiling all the necessary documentary evidence
concerning the ads.

CONCLUSION
RIR processing is currently the most desirable strategy for most
labor certification cases.

We guide and advise the employer and the alien employee
through the entire process, keeping the employer informed of its
obligations with regard to recruitment and responses.

Throughout the process, some important things to remember are:

Please do not post any notices or place any
advertisements prior to receiving specific
instructions from this office.

Please do not respond to any notice or requirement
from any State office or the Department of Labor
without first notifying this office and receiving our
instructions.

Please do advise us immediately of any
communication from the State office, the Department
of Labor or others concerning the application.

Please do respond quickly and cooperate fully with
any request for information or action from our office.
Delay may cause an application to be denied.

BOGLE

OKOYE

CHANG

BOGLE & WHITE, LLC

Labor Certification: RIR