LABOR CERTIFICATION & REDUCTION IN RECRUITMENT (RIR)

Labor certification is the most common process through which foreign workers can obtain permanent residence (i.e., the green card).  It is issued after a U.S. employer has convincingly demonstrated to the United States Department of Labor (DOL) that no U.S. worker is able, qualified and willing to perform the work for which a foreign worker is being hired.

Requirements for Labor Certification

An employer engaged in this process is 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 is defined as a permanent resident (green card holder) or refugee with employment authorization. In addition, the position must offer the normal or prevailing wage, usually an inflated salary figure that the employer must have the ability to pay at the time of filing. Finally, the job must be offered without any "restrictive requirements," and must not be tailored to the foreign worker’s background.

Timing of the Labor Certification Application

Due to budgetary cuts and severe staff shortages at both state and federal levels, the labor certification process, which is the first step in obtaining permanent residence status through employment-based sponsorship, has slowed down tremendously in various states and regions. For example, in Region 2 (NY, NJ, Puerto Rico, U.S. Virgin Islands) it can take several years to obtain certification.  California faces similar delays.

The bad news is that many employers as well as foreign workers are deterred from engaging in this procedure due to the long delays. Typically, while an application for labor certification is pending, the foreign worker usually must remain with his/her employer-sponsor for the duration of the process. Indian and Chinese nationals ought to secure employer-sponsors as soon as possible, if they wish to adjust to permanent residence within the U.S., especially if they process through the employment-based third preference category, or EB-3 (see priority dates for country quota backlogs). 

Reduction in Recruitment (RIR)

The good news is that certain states afford some employer-sponsors the opportunity to engage in an expedited measure available for certain occupations known as the "Reduction in Recruitment" (RIR).

One determining factor in the success of an RIR petition is an employer’s ability to convincingly demonstrate to the U.S. Department of Labor that it underwent 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 is satisfied with the employer's recruitment efforts, then it may issue labor certification within a few months, as opposed to a few years.

While Reduction in Recruitment is an attractive option to expedite labor certification, it works best for firms with a demonstrable, consistent track-record of recent recruiting and hiring.

Example:  RIR for Specialty Cooks

In New York and New Jersey, the Labor Department has been most receptive towards foreign specialty cooks/chefs (Indian, Vietnamese, Chinese, Japanese, Swiss, Thai, French, etc.), on the premise that there are no US workers able, interested or qualified to cook foreign foods. These have been approved within 2-3 months. Other approved professions/occupations are computer professionals.