You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Requirements for RIR
- Thread starter gajavada
- Start date
Foreign Labor Certication Permanent Labor Certification Qualifying Criteria
The employer must hire the foreign worker as a full-time employee;
There must be a bona fide job opening;
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
Reduction in Recruitment (RIR)
The employer must request RIR when submitting the Form ETA 750 to the SWA.
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. However, the minimum is one print advertisement and evidence of other actions taken to search the labor market. These other actions may include use of 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 SWA. In addition, a recruitment report must be provided of the active recruitment effort to hire U.S. workers at the prevailing wage at a minimum showing the number of 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 application will be approved with no need for the state to do an additional supervised recruitment process. Since supervised recruitment is the most time-consuming aspect of the permanent process, use of RIR can significantly reduce the time required in the DOL process. It is possible that the DOL phase of employment-based visas can be accomplished in under one year using the RIR process.
Source: http://www.ows.doleta.gov/foreign/perm.asp
The employer must hire the foreign worker as a full-time employee;
There must be a bona fide job opening;
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
Reduction in Recruitment (RIR)
The employer must request RIR when submitting the Form ETA 750 to the SWA.
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. However, the minimum is one print advertisement and evidence of other actions taken to search the labor market. These other actions may include use of 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 SWA. In addition, a recruitment report must be provided of the active recruitment effort to hire U.S. workers at the prevailing wage at a minimum showing the number of 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 application will be approved with no need for the state to do an additional supervised recruitment process. Since supervised recruitment is the most time-consuming aspect of the permanent process, use of RIR can significantly reduce the time required in the DOL process. It is possible that the DOL phase of employment-based visas can be accomplished in under one year using the RIR process.
Source: http://www.ows.doleta.gov/foreign/perm.asp