Are there any alternatives to the Labor Certification process?
Before beginning the Labor Certification
process, the alien should consider if he/she qualifies for the
fast track version of the Labor Certification process (RIR) or
another option that avoids the Labor Certification procedure entirely.
A U.S. employer may be eligible to file
an RIR request if for the past six months, the U.S. employer has
conducted a continuous recruitment campaign for the specific job
position and no qualified U.S. worker is available for the position.
The RIR expedites the Labor Certification process and generally
provides a decision in one year.
For more information about RIRs, please
click here.
An alien may avoid the Labor Certification
process if the alien meets the requirements for either an EB-1
or NIW petition. Both EB-1 and NIW petitions can be completed
within six months.
For more information about EB-1s, please
click here.
For more information about NIWs, please
click here.