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.
How is the RIR process different from the regular Labor Certification application
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.
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
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.
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.
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.
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.
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
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.
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.
Will an approved RIR Labor Certification application give me legal status in the
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.
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?
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.
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
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?
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
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.
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:
- 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;
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
reviews the application and may request modifications to the application;
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.
regional office issues the final decision on the application.
Q: May I leave the U.S. during the RIR Labor Certification
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.
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
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
Q: I am living in California, but your office is
headquarted in Houston, Texas. Could you handle my Labor Certification
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?
A. The RIR petition may be denied on initial review upon the employer’s failure 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:
Mergers and Acquisitions
Length of Process
RIR vs. LC
RIR vs. H-1B
Frequently Asked Questions about RIR
Services that We Provide
Articles & News on RIR