LABOR CERTIFICATION & REDUCTION IN RECRUITMENT (RIR) BEFORE PERM (March 2005)

Prior to the DOL's introduction of the PERM program in March 2005, labor certification was the most common process through which foreign workers could obtain U.S. permanent residence (i.e., the green card).  This was generally the first step in obtaining permanent residence status through employment-based sponsorship.

Certification was issued once a U.S. employer had demonstrated to the U.S. Department of Labor (DOL) that no U.S. worker was able, qualified and willing to perform the work for which a foreign worker was being hired.

Requirements for Labor Certification

An employer engaged in the labor certification process was required to advertise the position offered to a foreign worker and to undergo certain recruitment efforts to fill the position with a qualified U.S. worker. (For purposes of labor certification, a U.S. worker was defined as a permanent resident or asylee/refugee with employment authorization.) In addition, the employer was required to offer the normal or prevailing wage, usually an inflated salary that the employer must have been able to pay at the time of filing. Finally, the job offer was not required to have "restrictive requirements," and it must not have been tailored to the foreign worker’s background.

Timing of Labor Certification Application

Due to budgetary cuts and severe staff shortages, the labor certification process was extremely slow. In some regions such as New York, New Jersey and California, the process could take several years.

The "old" labor certification program deterred many employers and foreign workers from engaging in the process due to long delays.

Reduction in Recruitment (RIR)

Under the previous labor certification program (prior to PERM), some states gave employer-sponsors an opportunity to engage in an expedited procedure available for certain occupations. This "short" labor certification procedure was known as "Reduction in Recruitment" (RIR).

One determining factor in the success of an RIR petition was an employer’s ability to demonstrate to the U.S. Department of Labor that it had undergone a "pattern of recruitment" within the six months prior to filing the application, and that it offered the position to U.S. workers at the "prevailing wage." If the Labor Department was satisfied with an employer's recruitment efforts, it would issue labor certification within a few months as opposed to a few years.

While RIR was an attractive option to expedite labor certification, it worked best for firms with a demonstrable, consistent track-record of recent recruiting and hiring.

Example:  RIR for Specialty Cooks (Pre-PERM)

Prior to the introduction of the PERM program some local Departments of Labor (such as New York and New Jersey) were receptive to RIR for foreign specialty cooks/chefs (Indian, Vietnamese, Chinese, Japanese, Swiss, Thai, French, etc.) on the premise that no U.S. workers were able, interested or qualified to cook such foods. These were generally approved within a few months. Computer related occupations were often also successful in RIR processing.

For information on the new labor certification process (PERM), click here.