Dr. William:

My RIR Labor Certification application was filed by my employer's lawyer about eight months ago, and I have not get any information back. Do you know is any changes of RIR application? 

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A:
Due to the economic downturn, Department of Labor changed its RIR applications for U.S. worker availability. In determining whether an RIR should be permitted, the Regional Certifying Officers should assess the availability of U.S. workers. In making that assessment the officers shall consider recent regional office experience in processing non-RIR cases involving occupations similar to those for which the employer is requesting RIR.

Such information may be based, for example, on the State's recent experience in processing cases involving occupations involved in the employer's application, type of workers registered for unemployment benefits, type of workers registered in the states' job bank, or current labor market studies available from the state labor market information unit.  Review current relevant articles that may have appeared within the last 6 months in newspapers, trade or professional journals concerning the availability of workers in the occupation in the area of intended employment.

If, after evaluating all of the information obtained the Regional Certifying Officers is confident qualified U.S. workers may be available for the occupation involved in the RIR, the RIR request should be denied and returned to the state agency for further processing.