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Green Card - RIR - Reduction in Recruitment

Whats the difference between the 'Regular' Process and 'Reduction in Recruitment'?

1) Regular Labor Certification - processing involves filing the DOL forms ETA 750A and ETA 750B and waiting for advertising instructions from the Department of Labor.
PROCESSING TIME for Regular Labor Certification varies between 1 to 3 years.

2) Reduction in Recruitment (RIR) Labor Certification is when the US employer shows the DOL that they have already UNSUCCESSFULLY attempted to recruit U.S. workers for the position.
The DOL likes to see a consistent pattern of recruiting for the 6 months prior to filing. Newspaper advertising is the strongest form of evidence. Internet postings, job fairs, headhunters, etc., provide good supporting evidence.
PROCESSING TIME for RIR Labor Certification varies between 3 to 8 months.

The RIR Application Process:
1) US employer must obtain a "labor certification" from the U.S. Department of Labor
2) US employer applies for immigrant visa classification under the employment-based EB-2 or EB-3 preference categories
3) Foreign national (applicant) applies for green card through 'adjustment of status' in the United States.

NOTE: For RIR, the employer must prove (through advertising) that they have already UNSUCCESSFULLY attempted to recruit enough qualified U.S. workers for the position, in order to obtain an approved Labor Certification .

Reduction In Recruitment (RIR)
The employer must conduct a 'good faith' effort to recruit U.S. workers, for a period of six months 'prior' to the filing of a labor certification. The employermust show that they failed to find a qualified U.S. worker, the DOL may rely on the employer's efforts to forgo recruitment under its supervision.
Computer professionals and specialty cooks would be good candidates for a successful RIR. Labor certification have also been awarded for other occupations where the employer was able to show difficulty in hiring a qualified U.S. worker.

When is RIR available?
The Department of Labors 'General Administration Letter' (GAL No. 1-97) provides a a clear guide for establishing the eligibility for 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 failed recruitment efforts for the occupation and industry within the previous six months.

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

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An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. © Copyright 2001 H1 Base, Inc. Correspondence to H1 Base Inc letters may be edited and may be published and otherwise used in any medium.
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Important Disclaimer! - the information provided on this page or ANY page within GreenCardBase.com is not legal advice.
Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney.
To view GreenCardBase.com full Legal Disclaimer - click here

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