Reduction In Recruitment Information

What is RIR (Reduction In Recruitment) ?

Foreign nationals ( H1-b candidates ) who are skilled or educated and who have job offers have the possibility of being permanent residence of the United States through the labor certification process. The entire process is known as Greencard Process.

This process is having three steps:

1. The employer must first obtain a "labor certification" from the U.S. Department of Labor (DOL)



2. The employer applies for immigrant visa classification under the employment-based second or third preference categories



3. The foreign national applies for green card through adjustment of status in the United States.

To obtain an approved Labor Certification, the employer must prove (through advertising) that they were unsuccessful in recruiting enough qualified workers for a certain position. The labor certification is the first step toward permanent residence.

Reduction In Recruitment (RIR)

Labor certification may be obtained through a request for Reduction In Recruitment (RIR). If the employer has conducted a good faith effort to recruit U.S. workers for a period of six months prior to the filing of a labor certification and failed to find a qualified U.S. worker, the DOL may rely on the employer's efforts to forgo recruitment under its supervision.

The DOL in New York and New Jersey, has been quite receptive towards RIRs, especially in fields where there is a recognized shortage. Computer professionals and specialty cooks would be good candidates for a successful RIR. Labor certification have also been won for other occupations where the employer was able to show difficulty in hiring a qualified U.S. worker.

When is RIR available?

The DOL's General Administration Letter (GAL No. 1-97) provides a four prong test for establishing a good RIR case, as follows:

Occupations for which there is little or no availability;

which have no restrictive requirements;

which meet the prevailing wage;

and for which the employer can show adequate recruitment through sources normal to the occupation and industry within the previous six months.

The Procedure

To request an RIR the employer files a written request at the local Job Service office. The request is processed and reviewed at the local office for deficiencies in the application, such as inadequate wage offer or restrictive job requirements and then forwarded to the Regional Certifying Officer. When there are deficiencies in the labor certification application that would have affected the recruitment, the State Employment Security Agencies (SESA) may advise the employer that it is unlikely that the Certifying Officer will approve an RIR and suggest that the employer recruit through the regular process. An employer would be wise to heed such a recommendation by the SESA, as the RIR request when transmitted to the Certifying Officer will include the recommendation of the SESA, based on its knowledge of the labor market, for or against granting the request. However, the SESA may not discourage the use of RIR nor refuse to transmit a written request for an RIR to the Certifying Officer.

The Certifying Officer will review the comments of the local office and the documentation submitted by the employer for documentary evidence that, within the immediately preceding six months, the employer has made good-faith efforts to recruit U.S. workers for the job opportunity, at least at the prevailing wage and working conditions, and through sources normal to the occupation.

Among the factors to be considered by the Certifying Officer in making determinations on RIRs are the following:

Adequacy of the recruitment conducted by the employer applicant, e.g., newspaper advertising, job fairs, internet.

Documentation of normal recruitment practices in the industry and occupation furnished by the employer.

Availability of U.S. workers for the occupation involved in the employer's application for which recruitment has been conducted through the SESA in the past, as shown by ES referrals to job orders.

SESA recommendations/comments. Certifying Officer's knowledge of the local labor market.

After reviewing the application the Officer will notify the employer and the local (or State employment service) office of the Certifying Officer's decision on the request to reduce, partially or completely, the recruitment efforts required of the employer.

The time for receiving a decision on an RIR request varies from region to region. However, because of the time saving feature of RIR for all parties concerned, RIR requests are generally looked upon favorably by DOL regional offices. In fact, as mentioned above, some regions and SESA's have implemented "fast track" processing for RIR cases.

If RIR is denied by the Certifying Officer because the recruitment is not acceptable, the application shall be returned to the SESA for regular processing in the order in which it is received along with other applications.

If the RIR request contains deficiencies, such as inadequate wage offer or restrictive job requirements, the Certifying Officer shall issue a NOF denying the RIR and citing the deficiencies.

What if the RIR Fails?

Losing an RIR case is not so fatal. The DOL will put it at the back of its queue and treat it as a regular case, though that may take a few years to complete