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More on
Reduction in Recruitment
The "normal process" can be expedited by the
use of RIR procedures. The employer must request RIR when submitting the
Form ETA 750 to the SWA.
- The employer must document that it has engaged
in, within the last six months, a pattern of recruitment in an effort to
hire U.S. workers for the position, but has been unsuccessful in
identifying qualified and available U.S. workers. The pattern of
recruitment may vary depending on the nature of the occupation being
requested and the labor market at the time of the job search. However,
the minimum is one print advertisement and evidence of other actions
taken to search the labor market. These other actions may include use
of Internet, use of job markets on the Internet, participation in job
fairs, use of union halls (where appropriate), participation in
college job fairs, and other similar activities.
- The employer must submit evidence of the pattern
of recruitment to the SWA.
In addition, a recruitment report must be provided of the active
recruitment effort to hire U.S. workers at the prevailing wage at a
minimum showing the number of U.S. workers who applied, and the
reasons they were not accepted. If the certifying officer feels the
pattern of recruitment is appropriate to the occupation and the labor
market, the application will be approved with no need for the state to
do an additional supervised recruitment process. Since supervised
recruitment is the most time-consuming aspect of the permanent
process, use of RIR can significantly reduce the time required in the
DOL process. It is possible that the DOL phase of employment-based
visas can be accomplished in under one year using the RIR process.
In either the case of normal processing or RIR, if a
Form ETA 750 has been submitted but no response has been received, you may
determine the status by contacting the SWA
to whom the application was filed. If the SWA
has informed the employer/agent that the application has been forwarded to
the ETA regional office, you may find the status by contacting the
appropriate regional office. Each regional office has a phone information
retrieval system that allows interested parties to receive an automated
response to the status of a case by using either the case number or the
employer telephone number.
If the appropriate regional office approves the application, the Form ETA
750 is “certified” (stamped) by the certifying officer and returned to
the employer/agent who submitted the application.
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