DOL

Region	RIR	Limited Review	Convention	Special Handling	H-2A	H2B	Comments
Boston	Jan-01	n/a-no limited review	Jan-01	90 days. Call office if more than 90 days have passed since receipt at DOL	Current	Current	Watch the website at www.doleta.gov/regions /reg01bos/public/ flchome.htm for new on-line tracking system. *See below for special RIR procedures
New York	Current	Current	Jan-00	Current	7 days	Current	If there are layoffs, make it very clear that the layoff is not in the occupation for which the employer is filing and document it. If there are layoffs and the jobs have been offered to laid off personnel, explain why they did not take the job.
Philadelphia	Current	Current	Jul-01	Current	Current	Current	HRA/NCA Wage survey is acceptable for DC-MD-VA positions (Avail. From Human Resources Association of the Nat'l Capital Area. ) Primary difference between Level 1 and 2 positions is the degree of responsibility. Amount of education or experience is secondary.
Atlanta	Apr-01	Apr-01	Current	Apr-01	Current	Current	Careful with proof of advertisement. A folded photocopy of the tearsheet (folded to expose date/publication) is not always acceptable. A cut-out of the advertisement with a hand-written note of publication date is never acceptable, not even with an invoice.
Chicago	May-01	Current	Jan-01	Current	Current	Current	Watson Wyatt and Mercer surveys are generally acceptable. Do not include ads over 6 months old (pet peeve)!
Dallas	12/1/00	18-May-01	Jan-00	Processed with RIR Cases.	Current	18-Jul-01	There is a special track for problem RIR cases. The processing date for that track is 3/00. Close scrutiny is paid to areas where layoffs have occurred. At the SESA level, the TWC requests that everyone take note of the correct contact numbers: In Texas, 1-800-252-9942; Out of state, 1-(512)-475-2571; Automated Status Line, 1-(512)-463-2338.
Kansas City	Aug-01	1-Jul-01	Jul-01	Current	Jul-01	1-Aug-01
Denver	Jul-01	Jul-01	Jan-00	Processed with RIR Cases.	Current	18-Jul-01	The special track for problem RIR cases is processed in Dallas. They are working on cases received in March/2000.
San Francisco	Aug-01	Aug-01	Dec-99	Processed with RIR cases.	Current	6-Aug-01	**See below regarding RIR.
Seattle	Current	Current	Current	Current	Current	Current	A detailed report of results of recruitment is important. The employer should be as specific as possible, particularly when the company has been laying off workers.

The following comments are based on observations of AILA members and are not based on any guidelines issued by the DOL. Advertisement in a journal is required if the job requires an advanced degree AND has a salary of $75,000 or more UNLESS it is an IT job in which case a journal or newspaper is acceptable. Journal advertisements are needed for jobs requiring PhD, MD or Dental degrees. There are two RIR categories. The Non-availability category includes IT positions, Mechanical Engineers, Electrical Engineers, Actuaries, Occupational Therapists, Chemists, Aeronautical Engineers, Specialty and Non-Specialty Cooks, Bakers and Bakers' Assistants, Live-In Domestics and Special Handling Professors. For these occupations one print ad in either the Sunday newspaper in the area of intended employment is sufficient in addition to internet or other sources. A Sunday ad is not required for Specialty Cooks, Cooks, Bakers, and Live-In Domestics. The available category consists of all other occupations. Two print ads in either the Sunday newspaper or a professional journal are required, in addition to Internet or other sources.

**RIR update: Recruitment must have been conducted within the last 6 months, but no requirement that it cover every month. One print ad is sufficient if there are other forms of recruitment (Internet, job order placed with the state agency, career fairs, etc.). Refer to Employment Service Letter 99-09 published 9-20-99 (attached) for which publications to use depending on the occupation, city, and salary. RIR will be rejected if the wrong publication is used. For example, for the requirement if a Ph.D. (even if it listed as an alternate requirement) or for an executive/managerial position offering 100,000 or more, a journal ad is required. Consultant positions requiring extensive travel with no fixed job site should be advertised in a national publication, such as Computer World or InfoWorld for computer consultants.

The regulations at 20 CFR 656.2 1(g) require that an employer place an advertisement for the job opportunity in a newspaper of general circulation or a professional, trade or ethnic publication, whichever is appropriate to the occupation and most likely to bring responses from qualified, willing, able and available U.S. workers.

Occasionally, disputes arise during the processing and adjudication of individual labor certification applications as to which publication satisfies this requirement. In response to requests from employers, attorneys and SESA staff for guidance, the attached list of publications is being provided.

Employers should be advised that the publications listed are considered the recommended sources of recruitment. Where more than one publication is listed, the SESA should make a recommendation based on knowledge of the industry, occupation and labor market. If the employer believes another publication is more appropriate and advertises accordingly, information should be submitted to show that the alternate publication is more likely to generate greater response from U.S. workers than the recommended publication.

The Standard Periodical Directory contains the addresses of the journals and magazines listed; the directory is available at many public libraries.

Questions concerning this procedure should be directed to Rebecca Marsh Day at (415) 975-4601.

Generally, a daily newspaper that is circulated widely throughout the labor market area where the job exists is satisfactory for testing the labor market for the availability of U.S. workers. All advertisements must appear, under the appropriate header, in the main help-wanted classified ad section of the newspaper.

Arizona Republic (Metro Phoenix area and balance of State where there are no other significant newspapers. Not used for Tucson.)

Arizona Daily Star (Tucson and southeastern State including Pima, Greenlee, Graham, Cochise, Santa Cruz Counties.)

SAN FRANCISCO-OAKLAND LMA (Alameda, Contra Costa, Mann, San Mateo and San Francisco Counties)

San Francisco Chronicle Examiner (must be placed in combined classified ad section)

SAN JOSE LMA (Santa Clara County)/RED WOOD SHORES (San Mateo County) San Jose Mercury News

1. Professional, technical and managerial positions (other than managers and executives ~arning

$150,000 or more per annum) available in the geographical areas listed below, shall be advertised

The San Jose Mercury News is located in Silicon Valley, a world center of computer and electronics technology, and is used by a large number of employers and job seekers in the computer and electronics industries. If an employer wishes to use another advertising source, documentation should be submitted to show why the source used provides a better test of the labor market than does the San Jose Mercury News.

2. Professional, technical and managerial positions (other than managers and executives earning

$150,000 or more per annum) available in the Los Angeles LMA, may be advertised for three days

in the help-wanted section of the Los Angeles Times in lieu of a professional journal.

SESAs should consult with DOL on a case-by-case basis before recommending an ethnic publication.

Advertisement may be in English or a foreign language; however, advertisements in a foreign language must be accompanied by a translation.

If the petitioning employer publishes an ethnic newspaper, it may advertise the job opening in the ethnic publication itself.

Exceptions to the use of newspapers include the placement of a help-wanted ad in a professional or trade journal or in an ethnic newspaper.

Journal advertising is usually appropriate in instances where an advanced degree is required, i.e., Ph.D., or for managerial and executive positions offering $100,000 or more per annum.

When a Ph.D. is required, journal advertising is mandatory, even if the employer is willing to accept as an alternative to the Ph.D., a lesser degree (Masters or B.S.), plus additional years of experience.

Consultant positions requiring extensive travel with no fixed job site should be advertised in a national publication, e.g., computer consultants should be advertised in Computer World or Info World.

The Wall Street Journal may be the appropriate recruitment source for financial managerial andlor executive positions earning $100,000 or more per annum.

The ad must be placed in the Western Edition of The Wall Street Journal. The advertisement should also be placed in the National Business Employment Weekly, if at no additional cost.

Other occupations in a research or educational setting which require a Master’s degree or Ph.D. are to be advertised in a professional journal appropriate to the particular discipline.

Where no recommended journal is available, SESAs shall exercise authority to recommend a source of advertisement

ELECTRICAL and ELECTRONIC (Except as noted under Electronics Industries Occupations)

Gliding Wedge (All other ski industry occupations should be advertised in a newspaper of general circulation.)

Education Week (Church-sponsored schools should use Church newsletters in addition to Education Week.)

TELEPHONE INDUSTRY (ENGINEER, TELECOMMUNICATIONS TECHNICIANS! SUPERVISOR/MIDDLE MANAGER)