What is the general procedure for filing an RIR?

The RIR process is outlined below, with slight variations depending on the state in which it is filed.

  1. The employer has for a period of at least six (6) months, conducted a continuous and ongoing job search yet the position is still available;
  2. The employer files Form ETA 750 Parts A & B and its supporting documents with the State Workforce Commission and requests an RIR at the same time;
  3. The State Workforce Commission gives the employer a receipt and a priority date is established;
  4. If the State Workforce Commission is satisfied that the employer has conducted a good faith job search and there are no qualified available U.S. workers to fill the job opening, it will waive the job recruitment campaign requirement and submit a favorable recommendation to the Department of Labor;
  5. The Department of Labor reviews the case and may raise additional questions or issues;
  6. Once the Department of Labor is satisfied, the Labor Certification application is approved and a Labor Certificate is issued. The employer may then file an I-140 petition on behalf of the alien;
  7. If the Department of Labor is not satisfied with the application, the application is denied and a notice of finding is issued. If the Labor Certification is denied, the employer may either submit an appeal to the Administrative Appeal Board of the Department of Labor or refile the labor certification after six (6) months.

Labor certification is a complicated process. We recommend that you obtain assistance from an experienced immigration attorney.

For more information on RIR, please click on the following links:
Mergers and Acquisitions
Priority Date
Length of Process
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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