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An RIR (Reduction in Recruitment) is the
fast track version of the Labor Certification process. A U.S. employer
may petition for an RIR if the employer has, during a period of
at least six (6) months, attempted to fill the position with reasonable
efforts and has failed to find qualified U.S. workers. In essence,
the employer is stating that the Labor Certification process is
not necessary since the employer has already tested the labor market
without success.
If the State Workforce Commission finds
that the evidence provided supports that the job recruitment campaign
was continuous and a good faith effort was made to fill the
position, the State supervised job recruitment campaign is waived
and the case is recommended to the Department of Labor (DOL) for
expedited review.
The RIR option provides substantial time
savings at both the State and DOL level. For example, a Labor Certification
process may take up to forty-two (42) months in Texas compared to
the RIR process which may be completed within 6-12 months.
Since the RIR is filed for a prospective
employment, it does not matter whether the alien works for the employer
(petitioner) during the Labor Certification process or after it
is approved. Meanwhile, the employer who applies for a Labor Certification
on behalf of the alien is not required to maintain the alien as
an employee. The employer may terminate the alien's employment,
current or prospective offer at any time without any liability.
The employee, however, has to work for a reasonable period of time
for the employer after he/she receives permanent residency status.
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
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