Reduction in Recruitment (RIR)?
certifying officer may reduce partially or completely the employer's
recruitment efforts through the State employment service by decreasing the
number of days that the job order and/or the ad must run. The requirement
for posting the job opportunity may also be reduced partially or
completely. This provision may be exercised when it is clear to the
certifying officer that the labor market has been adequately tested within
the six months before filing the application and there is no expectation
that full or partial compliance with the prescribed recruitment measures
will produce qualified and willing applicants. Such a finding must be
based on the employer's previous recruitment efforts and may be supported
by recent findings on certification requests for the same occupation,
and/or labor market data.
The prior recruitment must have been conducted at wages and working
conditions that were prevailing or more than prevailing at that time. If
wages and working conditions do not appear to the local office to have
been prevailing at the time of recruitment, the employer should be advised
to conduct the prescribed recruitment through the local office at
prevailing wages and working conditions or the employer may document that
they were prevailing when prior recruitment was conducted.
Upon the employer's written request for a reduction of recruitment, the
local office shall review the application for completeness, determine the
current prevailing wage for the job opportunity, determine availability of
qualified U.S. workers registered with the local office and give the
employer an opportunity to interview them, if available, and complete the
required forms for transmitting the application to the certifying officer.
The local office should include a recommendation, based on its knowledge
of the labor market, for or against granting the request. The local office
may not refuse to transmit a written request for a reduction in
recruitment to the certifying officer, nor can the local office grant or
deny a request for reduction in recruitment. However, the local office
should advise the employer when, in its opinion, the labor market has not
been adequately tested.
The request for reduction of recruitment should be considered by the
certifying officer in a timely manner. If the reduction of recruitment is
denied or partially reduced, the certifying officer shall return the
application to the State agency with specific instructions for processing
and send a copy of the decision to the employer.
If appropriate, the certifying officer may predetermine that local office
recruitment should be reduced in occupations where a continuing shortage
of U.S. workers exists by area of intended employment. This does not
relieve the employer of providing evidence of prior recruitment. It merely
increases the likelihood that the request will be granted. Such
determinations shall be supplied to local offices having jurisdiction over
the area of intended employment for use in processing reduction in
recruitment requests in these occupations.