Does Employer need to qualify for RIR

[GClamb]

I requested my employer to file for my LC through RIR. My employer says he cannot do it because the company does not qualify to take advantage of that process.

Can this be true?

Basically my company is a small American consulting firm(not a Desi body shop) which is part of a publicly listed company.

[suomilainen]

Your company may be right. To file a Labor Cert as RIR, they must be able to show six months' worth of recruiting efforts. That means they must have been hiring for the past six months.

If your company hasn't been hiring many people, and doesn't plan to hire many people soon, how can they show that they've been trying to attract workers?

Wait until the economy picks up, and companies are hiring again. Then it'll be easier to prove that your company is hiring. To make things easier, your company should talk to their lawyer now to see what's needed for a successful RIR program. That way, when they start hiring again, they'll know what sort of documentation to collect.

[coolie1]

Employer need to qualify? I don't think so

This is a story of a guy who is working as consultant with me at the same client.

Company Profile:
Size: Himself and president.
Revenue: Yr 2001 $165K, Yr 2000 $300K

His EB2-LCA (yup, RIR)
Started Adv etc legal crap in Dec-2000
Applied in Mar-01. Received a query. They fixed it.
Approved in Jul-01