Processing lawful permanent residency in the U.S. through the labor certification process has undergone procedural and substantive changes. The U.S. Department of Labor (DOL) issued a General Administrative Letter (GAL) I-97 that significantly changed the way that both the local Employment Development Department (EDD) and the DOL reviews and adjudicates petitions for alien labor certification. With some limited exceptions (outstanding researchers or professors, national interest waivers, intracompany transferees), all employment-based petitions are initiated through the application for labor certification. The process basically requires a testing of the labor market to establish the unavailability of U.S. workers for the particular position.

The recent directive (GAL I-97) provides challenges to both employers and aliens petitioning for labor certification, but it also offers the opportunity to "fast-track" an application through a process called Reduction in Recruitment (RIR). RIR processing offers the possibility of significantly reduced processing time over a regular case (currently ten to sixteen months for an RIR case versus about three years for a regular case for cases in the Western states).

It is my responsibility to advise and direct you through the RIR process, however, you should also understand that not all applications will qualify. While the DOL has not announced which positions qualify for the RIR method, it has indicated that the program was developed for shortage occupations, primarily in the engineering, computer science, specialized technical fields, and for foreign specialty cooks. The RIR method requires a close examination of the following items:

1. No specialized requirements. The position must be described with only normal and customary requirements and cannot include specialized requirements (e.g., multiple computer languages).

2. Position should have previously been held by another individual. The position should normally have existed with the company prior to the alien's hire. Ideally, we would be able to document who previously held the position or verify that the company normally employs people in parallel positions.

3. Six-month recruitment effort must be made using multiple methods. Recruitment must have been completed within the last six months prior to filing the labor certification petition to prove that the job opportunity exists and that real life recruitment of U.S. workers has been conducted.

It is the last item that creates the biggest challenge. Specifically, one method of recruitment must be used in each of the six months, and at least three different methods of recruitment must be used over the six-month period. Past experience shows that the following types of recruitment have been considered adequate for fast-track processing:

Regular processing of the labor certification petition is still an option. However, please understand that although the RIR method requires greater initial effort by the employer, if successful, it will substantially reduce future efforts and processing time. If you wish to proceed with RIR processing for the individuals you have selected, I would ask that you provide the following information/documents to my office:

1. Names & biographic information about each individual (see client questionnaire )

2. Job description, salary offered, & information about the company (see client questionnaire )

3. Proof of previous recruitment efforts during the last six months:

a. Posting of billboard sign

b. Radio ads

c. Newspaper ads

d. Any additional recruitment efforts

4. Information about results of each recruitment effort (e.g., how many applicants responded, what type of skills they had, why they were rejected, etc.)

Please call my office if you have any questions.