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Types of Labor Certification Procedures:
There are different ways to file a case, and
different ways the DOL categorizes a case. All cases are
initially filed with the state job service (State Employment Security
Agency, or SESA), which monitors recruitment. SESAs assist
DOL,
which makes the decision, to grant or deny a
case.
Reduction in Recruitment (RIR):
RIR processing can drastically reduce processing
times. To qualify, there must be little or no
U.S. worker availability
for the relevant occupation, the job offer must
contain no
restrictive requirements, it must be offered at the
prevailing wage, and adequate recruitment must
have been conducted within the last six
months through
sources
normal to the occupation and industry, including print media ads.
Limited review:
These are the cases that have no special job
requirements
or unusual duties, and therefore require only
limited review.
Applicant availability or wage issues will be
flagged by the SESA after recruitment and forwarded to
the DOL for minimal review and approval.
All other cases:
In cases where no recruitment has been
conducted, an application
is first screened by the SESA, which will
require justification and will then forward the
application and justification
to the DOL for review. The case will go in a
processing queue behind all RIR and
limited-review cases,
if the justification is accepted, the case will
be approved.
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