For many foreign workers employed by U.S. companies,
attaining permanent residency, or a green card, is the brass ring. It provides
them with a sense of security that they will be able to stay in the U.S.,
and shows them that their employer values their contributions to the company.
Unfortunately, the U.S. green card process can take anywhere from three
to five years to complete and in some cases, even longer. This
becomes an issue, as the duration of common work visas is no more than
six years total. Although legislation passed in October 2000 allows some
workers on H-1B visas to stay in the U.S. while their green card application
is pending, this process is usually long and arduous for both the employer
and the candidate.
Reduction in Recruitment (RIR), the fast-track labor certification
process, can be used by companies to greatly reduce the time it takes
to obtain an employment-based green card for an employee. This can, at
times, mean the difference between retaining or losing a valued foreign
worker.
RIR can be used to expedite the labor certification process, the first
step to getting a green card. This part of the process can normally take
two to four years to complete, but with an RIR program, it can be shortened
to just a few months. To qualify, your company must be able to document
a pattern of recruitment for a period of six months preceding the filing
of the RIR application.
Your foreign national employees might be eligible for expedited processing
under the RIR program if they work in positions for which there are an
extremely limited number of qualified applicants, as demonstrated by a
pattern of recruitment by your company. This includes many IT- and engineering-related
jobs.
You must have well-documented evidence that in the last six months, your
company has attempted recruitment for the position (or similar position)
your green card candidate currently holds. Recruitment sources typically
deemed acceptable include: