August 8, 2003

DOL Update On Labor Certification Problems In Region VI

Recently, the Department of Labor in Region VI, which is responsible for adjudicating Labor Certification cases filed in their region including AZ, CA, GU, HI, NV, as well as AK, ID, OR and WA began developing a pattern of denying an alarming number of reduction in recruitment (RIR) labor certification applications. Once the RIR is denied, the case is remanded back to the state level for directed recruitment under the regular processing procedures. Several employers complained about the harm of the RIR denials, who in good faith, relied on the RIR process at the time they filed the labor certification applications.

In response to such complaints, an investigation of the RIR denials was conducted by Bill Carlson, the new Chief of Foreign Labor Certification and Harry Sheinfeld, the DOL Solicitor. As a result of the investigation, Region VI has now halted its remands to the state office while DOL undertakes a policy review. For further information on RIR applications in Region VI, please contact the GT Business Immigration Group at imminfo@gtlaw.com. We will continue to update you on this issue as further information becomes available.