No
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.
Employer must wait 1 month from the date of the most recent advertisement prior to submitting an application.
