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RIR, which stands for "Reduction in Recruitment," is an
alternative to the standard labor certification application process. Because the "standard" labor certification is typically
slower than the RIR process, employers usually (though not always)
prefer to file their labor certification applications through the RIR
process.
These are the steps that must be completed under the RIR labor
certification process:
-
The employer must document that it has engaged in,
within the last six months, a pattern of recruitment in an effort to
hire U.S. workers for the position, but has been unsuccessful in
identifying qualified and available U.S. workers. The pattern of
recruitment may vary depending on the nature of the occupation being
requested and the labor market at the time of the job search. The
minimum, however, is one print advertisement and evidence of other
actions taken to search the labor market. These other actions may
include use of the Internet, use of job markets on the Internet,
participation in job fairs, use of union halls (where appropriate),
participation in college job fairs, and other similar activities.
-
The employer must submit evidence of the pattern of
recruitment to the state workforce agency. In addition, a
recruitment report must be provided of the active recruitment effort to
hire U.S. workers who applied, and the reasons they were not accepted.
If the Certifying Officer feels the pattern of recruitment is
appropriate to the occupation and the labor market, the DOL will approve
the application without requiring the employer to engage in any state
workforce agency-supervised
(i.e., additional) recruitment. Since supervised recruitment is the most
time-consuming aspect of the permanent labor certification process (and
therefore slows down the state workforce agency), the use of RIR can
significantly reduce the time required in the labor certification
process.
For comparison, you can review the
procedures for Standard Labor Certification Applications and the
proposed PERM program process.
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