**Note: We recommend that you browse the RIR Section of our Library before proceeding to the following FAQs.

Q: What is an RIR?
A: An RIR stands for a Reduction in Recruitment and is a fast track version of the Labor Certification process. Both an RIR and a regular Labor Certification application, however, were established to ensure that qualified U.S. workers' interests are protected and are not adversely affected by the alien's hiring.

Q: Who is handling my case if I retain Z&A?
A: Our attorneys handle their clients' cases individually by preparing petition letters, contacting clients, and following up pending cases. That's why we have more attorneys than clerks. Our clerks' main objective is to help attorneys prepare clients' packages, and each client's package will be reviewed by one of our most experienced attorneys for final checking before sending out the package.

Q: How is the RIR process different from the regular Labor Certification application process?
A: The primary difference is that the turnaround time for an RIR application is significantly shorter than a traditional Labor Certification application. An RIR application requests that the job recruitment campaign requirement that is governed by the State Workforce Commission be waived. In an RIR application, the U.S. employer attests that it has already conducted a bonafide and continuous job search and was unable to find a U.S. worker to fill the position. If the State Work Commission finds that the job search was adequate in testing the local job market, it waives the traditional job recruiting campaign requirement.

Q: Why is the RIR process preferred over the regular Labor Certification procedure?
A: The RIR cuts down the amount of time required to process a Labor Certification. For example, the regular Labor Certification procedure may take up to forty-two (42) months in Texas. An RIR, however, may be approved within twelve (12) months.

Q: I understand that an RIR is much faster than a regular Labor Certification application. Is there any reason to file a regular Labor Certification instead of an RIR?
A: You may not satisfy the requirements for an RIR. For example, the petitioning employer may not have conducted the required six (6) month minimum job search effort. Or the employer may not be able to that it has conducted a bonafide job search.

Q: What are the core requirements necessary to satisfy that the employer has conducted a bona fide job search for RIR purposes?
A: The State Workforce Commission seeks to ensure that the conducted job search can substitute for the job recruitment campaign requirement. The conducted job search should have been . Also the employer must show that the job ads were published in a major local newspaper or other similiar media. If these criteria are met, the state supervised job recruitment campaign is waived and the case is recommended to the Department Of Labor for expedited adjudication.

Q: Who may file an RIR on my behalf?
A: Either your current or prospective U.S. employer is eligible to file an RIR on your behalf, provided the employer meets minimum RIR requirements.

Q: Do I need to obtain an H-1B before I file an RIR Labor Certification application?
A: No. An H-1B is a non-immigrant status, while a Labor Certification application is for immigration petition purposes. A Labor Certification is a pre-requisite for an immigration petition for most employment-based categories. For employment-based petitions, it is, in many cases, the first step to obtaining the right to live and work within the U.S. An H-1B petition is a non-immigrant visa for alien workers and provides the right to live and work within the U.S. for a amount of time.

Q: I have already filed an immigration petition. Can I also have my employer file an RIR on my behalf?
A: In most instances, filing an RIR Labor Certification request (provided RIR minimum requirements are met) in addition to another petition does not pose any conflicts and is permitted.

Example:
Chris is a beneficiary of a pending family-based immigration petition. Chris may have his prospective employer, Company U file an RIR Labor Certification request on his behalf which may increase his chances for approval.

Example:
Jennet has filed an employment based immigration petition through a National Interest Waiver (self-petition). Jennet may have her employer file an RIR Labor Certification request on her behalf as well. It may increase her chances for obtaining a Green Card.

Example:
Fred is currently an F-1 student. Fred may have his prospective employer, Company W apply for an RIR Labor Certification request on his behalf. However, the an RIR Labor Certification request may affect his F-1 visa application/renewal.

Example:
Lillian's National Interest Waiver (NIW) petition has been approved but she has recently changed her line of work. Lillian's Adjustment of Status (I-485) application is still pending. She is worried that her Adjustment of Status may be denied due to her changed line of work. Lillian may have her prospective employer, Company ABC file an RIR Labor Certification request on her behalf.

Q: When should my employer, as the applicant, request the RIR process?
A: Effective September 4, 2001, new regulations permit employers to request, in certain circumstances, Labor Certification applications that are filed for U.S. permanent employment on or before August 3, 2001, be processed as an RIR request.

Q: Will an approved RIR Labor Certification application give me legal status in the U. S.?
A: No.

Q: Will an approved RIR Labor Certification application give me the legal right to work in the U.S.?
A: No. An approved RIR Labor Certification only allows your employer to file to file an EB-2 or EB-3 category immigration petition on your behalf. It is not a work permit.

Q: If my employer does not request the RIR at the time of application, may the request be made later to the State Workforce Commission?
A: It depends. Previously, if your employer failed to request an RIR at the time of filing, the regular Labor Certification process could not be converted into an RIR request. However, effective September 4, 2001, new regulations permit employers to request, in certain circumstances, Labor Certification applications that are filed for U.S. permanent employment on or before August 3, 2001, be processed as an RIR request.

Q: If my employer has made an RIR request, may the RIR be later converted into a regular Labor Certification application?
A: Yes. Your employer may withdraw the RIR application and request that it be converted to a regular Labor Certification application if indication is given that the RIR case may be denied by the Department of Labor.

Q: When is the Priority Date established in my RIR Labor Certification application?
A: If you go through the RIR process, the Priority Date is established when your employer files the RIR Labor Certification application with the State Workforce Commission, even if the request is later withdrawn and the application is adjusted to a regular Labor Certification. For more information on Priority Dates, please click here.

Q: May my employer file two labor certification applications: one through regular process and one with RIR request?
A: No. The current laws do not allow a US employer to file two Labor Certification application ns for the same alien simultaneously. You must choose between a regular one and the one with RIR request.

Q: I am working for two companies at the same time. May I ask them to file the RIR labor certification application for me respectively at the same time?
A: Yes. RIR Labor Certification process is an employer specific application. The applications by your two companies are considered independent from each other. For example, if the RIR application filed by company A is approved by the Department of Labor, it will allow Company A to file immigration petition (I-140) for you but not Company B. Namely, company A and company B may file its own individual Labor Certification application for you either through RIR process or regular one.

Q: The company I am working for is going to merge into another company. Is my RIR labor certification application filed by my old company still valid after the merger?
A: It depends on whether the new company is the successor in interests of the original company or not. If the merged company took all the benefits and liabilities in the merger or buyout, the merged company is the successor in interests of the original company and the new company may continue the RIR application on your behalf.

Q: Do I have to work for the employer when it files the Labor Certification through RIR process?
A: No. You do NOT need to work for your employer during the RIR Labor Certification process. The RIR is filed for prospective or future employment.

Q: Can my employer fire me after they have filed a RIR Labor Certification on my behalf?
A: Yes. The employer/petitioner is not required to employ the alien and may terminate the alien's job at any time without any liability.

Q: My employer has recently laid off many workers. Does it affect my RIR application?
A: It depends. If those who have been laid off are in a different line of work or profession than your RIR request, the RIR Labor Certification application will generally not be affected. However, if the layoffs involve persons in your line of work or similiar occupation, are significant in number, and news of the layoffs have received press coverage, the State Workforce Commission or DOL may take it into consideration as a factor in determining the availability of qualified U.S. workers. If the employer can prove that despite the layoffs, no person is available and qualified for the job, the application will proceed and not be affected.

Q: What is the general procedure for filing an RIR Labor Certification?
A: The general procedure for filing an RIR Labor Certification is described below:

1. An employer has conducted a job recruitment campaign for at least the past six (6) months, recorded its efforts, and has been unsuccessful in filling the job position;
2. An employer files ETA Form 750 Parts A & B and its supporting documents with the local State Employment Security Agency (SESA) and requests an RIR at the same time;
3. SESA reviews the application and may request modifications to the application;
4. If supporting evidence shows that the job recruitment campaign was found to be ongoing and systematic, the state supervised job recruitment campaign requirement is waived and the case is recommended to the Department of Labor's (DOL) Regional Certifying Officer for expedited adjudication. If not, the employer has the opportunity to adjust the RIR to a regular Labor Certification application before the case is transferred to the DOL for review.
5. DOL regional office issues the final decision on the application.

Q: May I leave the U.S. during the RIR Labor Certification process?
A: You may leave the U.S. during the RIR Labor Certification process. Once you file an immigrant petition, it will be difficult to apply for a non-immigrant visa or be able to have your status as a non-immigrant extended. You may have difficulty re-entering the U.S. unless you fall under one of the following categories: diplomat (A visa), international organization employee (G visa), specialty occupation worker (H visa) or intracompany transferee (L visa).

Q: Will the RIR Labor Certification affect my visa application?
A: A: It depends. An RIR Labor Certification application, similiar to a regular Labor Certification may impact non-immigrant visa applications and the renewal of non-immigrant status. You may be denied an academic student (F visa), temporary visitor (B visa), vocational student (M visa), exchange visitor (J visa) or other non-immigrant visa or renewal based on conflicting immigration intent.

Q: How is 245(i) related to an RIR Labor Certification?
A: If you were 1) physically present in the U.S. on Dec. 21, 2000; 2) the RIR Labor Certification was filed on or before April 30, 2001 ; and 3) you are the beneficiary of an approved RIR Labor Certification petition at the time of filing, you are grandfathered by 245(i).

For more information on 245(i), please click here.

Q: What if my RIR application is denied by the Department of Labor?
A: The same employer may file another Labor Certification application immediately on your behalf if the new job is substantially different from the previous one and all the other RIR Labor Certification requirements are met. However, if the job position is the same or similiar to the original job offer, the employer must wait for at least six (6) months to refile an RIR application.

Q: Can Z&A handle an RIR case for me?
A: Yes. We have represented many clients in assisting them successfully obtain the Labor Certification through the RIR process. For additional information about the firm, please click here.

Q: I am living in California, but your office is headquarted in Houston, Texas. Could you handle my Labor Certification case?
A: Yes. Z&A is headquartered in Houston, TX, and has a branch office in Chicago, IL, but we handle Labor Certification cases for clients located throughout the U.S. by using the latest technology in providing professional services to our clients. Please click here to see the map of our clients' locations in the United States.

Q. What special recruitments are required for RIR?

A. Basically the DOL regulations for RIR require that employers show adequate test of labor market at prevailing wage through sources normal to the occupation and industry within the previous 6 months.

Q. For the RIR purposes, is it adequate to place a print advertisement in a local newspaper?

A. No. Placement of print advertisement alone is not adequate to meet the DOL regulations. The employer’s recruitment efforts set for RIR may vary from state to state , but basically they include: a) at least one print advertisement in a newspaper of general circulation or a relevant journal, and b) other activities to show evidence that a pattern of recruitment has been completed to adequately test the labor market for the occupation of the subject application.

Q. What “other recruitment activities” are required in addition to the print advertisement in a newspaper of general circulation?

A. “Other recruitment activities” include a combination of: a) job order with the state workforce agency; b) internal company recruitment activities; c) company and commercial internet web page ads; d) community, college or other job fairs; e) private employment agency; and f) additional print ads.

Q. What happens if the petitioner employer fails to show a pattern of recruitment has been completed to adequately test the labor market?

For more information on RIR, please click on the following links:
Description
Eligibility
Procedure
Requirements
Factors
Mergers and Acquisitions
Priority Date
Length of Process
Alternatives
RIR vs. LC
RIR vs. H-1B
Required Documents
Flow Chart
Frequently Asked Questions about RIR
Services that We Provide
Attorney's Fees
Articles & News on RIR