In Rigo Industries, 2007-INA-00020 (Sept. 18, 2007), the Board of Alien Labor Certification Appeals (BALCA) confirmed that a denial of a request for reduction in recruitment (RIR) does not have to result in the referral of the application for processing under supervised recruitment, and that the employer must carefully select its rebuttal strategy. In this case, the Certifying Officer (CO) challenged the employer’s experience requirement as unduly restrictive. In a rebuttal to the CO’s notice of intent to deny, the employer chose to defend the minimum experience requirement by arguing that it was not feasible to train for the same position. After the employer learned that the rebuttal argument was not accepted by the CO, the employer offered to remove the experience requirement and re-advertise the position under the supervised recruitment regime. BALCA held that the employer’s assertion in the rebuttal was not compatible with the offer to remove the experience requirement, and that the CO properly denied the application without referral for supervised recruitment because the restrictive requirement, as defended in the rebuttal, could not have been cured by re-advertising. Had the employer offered in its rebuttal response to remove the requirement and to re-advertise, without first attempting to defend the restrictive requirement, BALCA indicated that the remand for supervised recruitment might have been appropriate