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    Under RIR if the employer failed to place an advert in the newspaper advertising the job but has forwarded your documents DOL and they are asking the recruitment process he used.Can he now go back and place the advert in the newspaper

  • #2
    Under RIR if the employer failed to place an advert in the newspaper advertising the job but has forwarded your documents DOL and they are asking the recruitment process he used.Can he now go back and place the advert in the newspaper


    • #3
      The whole idea of RIR is for company to advertise first, then file petition. In your case, the company should advertise and re-file the petition.
      DOL does look at the dates of the ads.


      • #4
        Are labor certifications (LCs) filed using the pre-advertisement procedure, known as Reduction in Recruitment (RIR), are still being approved? RIRs are preferred since they generally are processed faster than regular LC cases under the traditional method. In RIR cases, the employer is primarily responsible for monitoring the recruitment, while in the traditional or regular LC cases, the U.S. Department of Labor (DOL), acting through the local offices, monitors the entire process, causing delays in processing. RIR cases filed in Department of Labor Region VI are slowing down. Region VI of the DOL encompasses California, Arizona, Nevada, Washington, Oregon, Idaho, Alaska, and Hawaii.

        Ziegler Memos

        Two guidance Memos issued by DOL to its Regional Certifying Officers (COs) described how COs should evaluate RIR requests. Dale M. Ziegler, then Chief of the Division of Foreign Labor Certification at DOL, issued these guidance Memos. The Memos set forth guidelines and criteria for evaluating RIR requests in instances where there have been lay-offs in the occupation or in the geographic area of intended employment. As many of us are aware, some sectors of the country have unfortunately suffered significant lay-offs in certain industries and occupations. Lay-offs can create problems for the processing of LC applications, particularly for those employers that intend to pursue LCs after there have been mass layoffs
        (a) within the general geographic region or
        (b) within the employer's own workforce or
        (c) within the particular occupation in that geographic area.

        The Ziegler Memoranda were intended to balance the DOL procedure of evaluating RIR requests based upon market conditions at the time the application was filed, with evidence of current lay-offs in the company or industry. The Memoranda provide that, should the petitioning employer experience worker lay-offs either six months before filing the RIR application or six months before the CO's review of the case, the CO must send a Notice of Findings (NOF) to the employer. Through that Notice of Findings, the CO would attempt to ascertain whether any qualified, U.S. workers were laid off during either of the six-month timeframes. The employer would be asked to supply the names of these workers. If there are any such workers, the company would be asked to show that those workers were given consideration for the position at issue. The Ziegler Memos also provide that if the CO has reason to believe that, subsequent to the employer's advertisement/s, employers in the local area had laid off qualified U.S. workers (even if the employer requesting the LC has never laid off any employee), then the CO would have to give the employer the option of either publishing one additional advertisement, as generally required under the RIR process, or requesting that the case be remanded to the state for "regular" processing.

        Regions Routinely Denying RIRs

        As with many issues, the problem is in the implementation of the Ziegler Memos. Rather than following the procedures set forth in those Memos, some COs have been routinely denying RIRs and sending the cases to be processed as regular LC cases. This does not mean the cases are denied. Rather, they are referred to the local State Workforce Agency (SWA) for advertising under the supervision and direction of the SWA as regular LC cases instead of enjoying the expedited treatment and processing under the RIR format. When a case is processing as a regular LC case, then the SWA places the case in the "regular" queue and directs that all resumes be sent to the SWA directly, rather than be left to the discretion of the employer to determine candidate qualification. The processing for regular LC cases normally takes several years longer than RIR cases. Alternatively, the SWA could direct additional advertisement immediately, meaning there would be less of a delay. In either event, the employer is not given the opportunity to use the procedures set forth in the Ziegler Memos to support the request for RIR processing. Nowhere has this been more evident than in DOL Region VI. In this region, many of the RIR cases are summarily returned to the SWAs as RIR waiver denials to be processed with traditional recruitment as regular LC cases.

        On July 16, 2003, Bill Carlson, the new Chief of Foreign Labor Certification, and Harry Sheinfeld, the Solicitor to the ETA of the U.S. Department of Labor, traveled to California for a firsthand look at the situation and to evaluate the various interests involved in Region VI. The trip included a meeting with a group of AILA members. The meeting resulted in the gathering of information on what was actually happening with LC and RIR applications and brainstorming on various approaches to avoid increasing SWA backlogs and delays under traditional recruitment methods. Mr. Carlson and Mr. Sheinfeld expressed their goal of causing the least harm to employers who had relied on RIR processing guidelines in good faith at the time they filed their applications, while protecting U.S. workers and reviewing backlog reduction plans. As a result of their visit, Region VI has halted all automatic denials of RIR cases and remands to the local SWAs for regular processing, while DOL undertakes a policy review.


        • #5
          If the priority date on your pending application is Aug. 30, 2001 or earlier, you can convert the application back to RIR processing. This requires conducting another round of recruitment, then submitting the RIR request to the SWA. The SWA will look at the 6 months prior to filing the RIR conversion request.

          If your priority date is after Aug. 30, 2001, the only way to proceed under RIR is to withdraw your current application and refile it with 6 months of new recruitment.


          • #6
            RIR may seem as a much faster way to process the application, yet it takes at least 1 year to 1 year and a half to actually be able to file the I-140 petition.