11/25/2003 IMMIGRATION ALERT
DOL ISSUES GUIDANCE ON RIR CASES

The Department of Labor (DOL) recently issued a memorandum to the certifying officers of each regional Department of Labor which outlines new procedures for handling Reduction in Recruitment (RIR) applications. The DOL noted that there is a substantial backlog of RIR cases that are not immediately approvable as RIR cases and would ordinarily be transferred back to the State Workforce Agency (SWA or SESA) for further recruitment to determine whether there are currently any qualified U.S. workers. However, since the DOL is preparing for the new PERM labor certification program and does not want to create further backlogs, the DOL has developed new standard operating procedure to expeditiously handle RIR cases filed under the current Permanent Labor Certification Program.

Under the new procedures, the certifying officers are instructed to review and approve RIR applications if the application shows a sufficient pattern of recruitment and one of the following criteria exist: (1) the position requires a bachelor’s degree and at least three years of experience or a master’s degree and 6 months of experience; or (2) the position requires less than the requirements described above but the details in the recruitment report are sufficient show that further recruitment is unnecessary.

If the certifying officer does not believe the case is currently approvable as an RIR case, he will send a letter allowing the employer to choose one of the following options:

1. Withdraw the application;

2. Withdraw the RIR request and remand the case to the SWA to be processed as a basic labor certification case. In this case, the application can be put in the queue based upon the remand date rather than the initial filing date (priority date), if requested by the employer;

3. Conduct a one-day “retest” of the labor market under the direction of the certifying officer and submit a written report within 60 days. If the employer chooses this option, he can modify the job description and job requirements for the position provided the position remains within the same occupational classification;

4. Submit proof of relevant job advertisements that the employer has placed within the past six months;

The DOL is expected to begin following these standard procedures immediately.

In related news, HLG's expects that final regulations implementing PERM will be issued in early 2004. Under this plan PERM would be implemented 120 days after the issuance of the final regulations. For further information about

PERM, please see: http://www.hammondlawfirm.com/publications/PERM_article.htm