Green Card by Labor Certification - Overview
Immigration Attorney
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Reduction in Recruitment is where the employer shows the DOL that they have already attempted to recruit U.S. workers for the position. This recruitment must have taken place in the six months prior to the filing of the labor certification. This does not mean that the employer has to advertise the position for the full six months. It simply means that the advertising cannot be older than six months. Newspaper advertising is the primary form of recruiting evidence. Internet postings, job fairs, headhunters, etc., provide good supporting evidence. There are 2 major benefits to Reduction in Recruitment: What should the Newspaper Advertisements Contain? Fields 4, 6, 7, 13, 14, and 15 from DOL Form 750-A should appear in the ad. The salary is not required to be advertised. The following should be included in an RIR Ad: This is a sample RIR Ad: Software Engineers (New York, NY) Design, development, implementation and testing of Money Transmittal Software from U.S. to Latin America using Visual FoxPro 6.0 & 7.0, Visual Promatrix, Stonefield, and SQLERVER 2000. Bachelor Degree in Computer Science and 5 years of experience is required. 9-5, 40 hours per week. Mail resume to Acme Software, Inc., 10 Broadway, New York, NY 10040. Points to consider when drafting your RIR Ad: The Foreign National Worker must qualify for the position with the work experience he or she had before joining the sponsoring company. This means if experience is required, it CANNOT have been obtained by working with the sponsoring company, unless the employeyy held a different position. Job Duties and Requirements: The DOL prefers to quantify all elements of the advertisement. For this reason, general descriptions such as: "programming experience a plus" are not really helpful. Instead, it should read: "2 years experience in coding, testing and debugging programs using C/C++, Java in a Windows NT environment are required". College Degree Requirements: The Degree requirements should include the Degree that the Foreign National possesses, the Degree(s) possessed by all other employees in the company who hold the identical position, and the generally recognized required Degree(s) in the industry for that position. For example, if the Job Title is Programmer Analyst and the alien possesses a Bachelor of Engineering Degree in Electrical Engineering, then the required Degrees should be Bachelor Degree in Computer Science or Electrical Engineering. Where to Advertise: Newspaper (Classified Help Wanted Section) Advertising is the primary evidence the Employer can show the DOL to as evidence of attempted recruitment for the position. The DOL wants the position advertised in the Major Newspaper most likely to be read by potential applicants for the position. The purpose is to test the local Job Market, so the ad must appear in the Major Newspaper where the job is located. If the position requires a Master Degree or higher, a Professional Journal advertisement is also advisable. One issue is sufficient. Seconday methods of recruitment are internet, job fairs, word of mouth, and college campus recruiting. When to Advertise: The advertising must take place within six minths of filing the application. This means that any recruitment evidence you include with your application to the DOL cannot be older than six months. How Long to Advertise: Generally speaking, the more advertising you do, the greater the chance of approval (and the the greater the chance of a quicker approval). Reality dictates, however, that budget restraints exist. A Minimum Budget Strategy is: A Better Strategy is: The Posted Job Notice: DOL Regulations require that the position must be posted at the workplace for at least 10 business days. The Posted Job Notice should contain Fields 4, 6, 7, 13, 14, and 15 from DOL Form 750-A and should match the Advertisements. When to file the Labor Certification Petition: You must wait 30 days after the last ad before you file the Labor Certification Petition. |
