Reduction in Recruitment
(RIR) Procedure
- The Employer files a written request for RIR
with the local State Employment Security Agency (SESA)
- The request for RIR is processed and reviewed
by SESA for deficiencies
- The request is forwarded to the Regional
Certifying Officer (CO) of the DOL
- When there are deficiencies in the application
that would have affected the recruitment, the SESA may inform the employer
that it is unlikely that the CO will approve the RIR request and suggest
that the employer recruit through the regular process.
- The CO will review the comments and suggestions
of the local SESA office and the documentation submitted by the employer
for documentary evidence that - within the immediately preceding six months
- the employer has made good-faith efforts to recruit U.S. workers for the
job opportunity, at the prevailing wage and working conditions, and through
sources normal to the occupation for which the Employer seeks certification
- In making determinations on RIRs, the CO
will consider the following factors:
- The Adequacy of the recruitment conducted
by the employer applicant, e.g., newspaper advertising, job fairs, internet;
- Documentation of normal recruitment practices
in the industry and occupation furnished by the employer;
- Availability of U.S. workers for the occupation
involved in the employer's application for which recruitment has been
conducted through the SESA in the past, as shown by ES referrals to
job orders;
- Recommendations and/or comments made
by the SESA; and
- The CO's knowledge of the local labor
market.
- After reviewing the application
the CO will issue a decision on the employer’s RIR request and will
notify the employer and the SESA of the decision.
- If the CO denies RIR because the recruitment
was not acceptable, the CO will return the application to the SESA for regular
processing in the order in which it is received along with other applications.
- If the RIR request contains deficiencies,
such as an inadequate wage or restrictive job requirements, the CO will
issue a Notice of Findings denying the RIR request and citing the deficiencies.
