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  • RIR VS regular LC

    Hello, need some help.
    Could someone point the advantages of Regular VS RIR process.
    Time is 1 factor but if i file from Maine or vermont, it is not a factor as they are running Dec 2003 and Boston DOL is at Sep 2003.
    So time is fine.
    What i am concerned is the approval chances between regular and RIR,
    I have bachelor's degree in CS and 1 year experience.
    Which way should i go?
    Money is not a factor.

    Please advice

  • #2
    Hello, need some help.
    Could someone point the advantages of Regular VS RIR process.
    Time is 1 factor but if i file from Maine or vermont, it is not a factor as they are running Dec 2003 and Boston DOL is at Sep 2003.
    So time is fine.
    What i am concerned is the approval chances between regular and RIR,
    I have bachelor's degree in CS and 1 year experience.
    Which way should i go?
    Money is not a factor.

    Please advice

    Comment


    • #3
      The decision of filing RIR versus a regular LC is not really something you should base on time or money, but on the labor market in your area. With RIR, your employer does the recruitment steps in advance. This means that it posts ads (online or in print), interviews applicants, reviews resumes, etc. Your employer must keep detailed records of all resumes and all interviewed applicants. If it interviews someone with the basic qualifications as indicated on your LC, your employer must in good faith hire this candidate.

      Right now, there's an abundance of people with your qualifications, including U.S. citizens and LPRs (i.e. Comp.Sci. and 1 yr. exp.). Therefore if your employer were to recruit now it probably would not be able to continue on your labor certification because it would find other candidates. However, by filing a regular LC, where the local state employment agency directs the recruitment, thus taking a much longer time, you are basically betting that the labor market conditions will eventually improve enough so that, by the time recruitment comes, there won't be any qualified US/LPR workers applying for your proposed position.

      Right now, unless you possess very specific skills, most employers prefer filing a regular LC because of the slow job market.

      Comment


      • #4
        To further expand on this, you also have to keep in mind that the job description in the labor cert cannot be too tailored to you, otherwise the DOL will deny the LC. At the same time, it cannot be too generic. Even if you possess special skills, you have to be careful that these are not too restrictive. In other words, the LC's purpose is to find out whether there are qualified U.S. and LPR workers with the same education and experience. If there are, then they get to be hired. Right now, having a Bachelor's in Comp.Sci. and 1 year of experience does not set you apart from countless other unemployed U.S. or LPR workers. Your employer must conduct a "good faith" recruitment which is very specific about the reasons you can use to eliminate candidates from consideration. For instance, your employer cannot eliminate candidates who are overqualified; it cannot eliminate candidates for any of the legal reasons (race, gender, etc.). Lastly, you, the intending immigrant worker, cannot be involved in the recruitment process.

        The labor certification is the stage that weeds out a lot of people. Right now, due to the job market, many labor certs are not getting approved or do not even get filed because the employers are being inundated with resumes when they advertise jobs.

        Comment


        • #5
          Thanks for the reply NYC.
          Does a faster LC processing date tell us anything?
          Does it mean that state is rejecting very fast or approving very fast? or none of above?
          Also, Minnesota has 4.5 % unemployment, may be a good place to apply from right?

          Comment

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