RIR Process - Why some appls. process sooner.
This is some useful information about how the RIR process works and why some applications process sooner than others (see point g. below)
Reduction in Recruitment Requests (RIRs)
a. An employer may file a reduction in recruitment request for any occupation, except those listed on Schedule B, if the employer can show that an adequate test of the labor market has occurred at prevailing wages and working conditions through sources normal to the occupation and industry within the previous 6 months.
b. SESAs and Certifying Officers will encourage requests for reduction in recruitment in occupations with little or no availability and in circumstances as determined by individual Certifying Officers.
c. Upon receiving an employer's written request for a reduction in
recruitment, the SESA shall review the application for completeness and determine the appropriate prevailing wage.
d. The SESA shall return the application to the employer for correction and/or additional information if there are deficiencies in the application, such as inadequate wage offer or restrictive job requirements.
e. When there are deficiencies in the application that would have
affected the recruitment, the SESA should 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. However, the SESA may not discourage the use of RIR nor refuse to transmit a written request for an RIR to the Certifying Officer.
f. When transmitting the RIR to the Certifying Officer, the SESA should include a recommendation, based on its knowledge of the labor market, for or against granting the request.
g. The RIR will be given expedited processing at the region if it
contains no deficiencies. Those with deficiencies identified by the SESA shall be processed in the order that they are received along with other applications.
h. Among the factors to be considered by the Certifying Officer in making determinations on RIRs pursuant to section 20 CFR 656.24 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.
If RIR is denied 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.
i. 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.