What is the supporting documentation required for a request for RIR conversion?
According to the Labor Department: The supporting documentation required for conversion to RIR processing is the same as that required for an application initially filed under the RIR process, with the...
View ArticleHow should an employer or the employer's attorney send in an RIR Conversion...
According to the Labor Department: Send the required information listed above by mail to the appropriate BEC based on where the case was filed. The information should be addressed: For Philadelphia...
View ArticleHow will the BECs process requests for RIR conversion?
According to the Labor Department:The BECs will process the requests for RIR conversion on a first-come, first-serve basis. Response times to requests will vary depending on the volume of responses....
View ArticleWhat happens if the RIR conversion request is granted?
According to the Labor Department: If the request is granted, the employer or their designated attorney will be notified by e-mail and the application will be moved from the TR processing queue to the...
View ArticleCan an employer requesting RIR conversion lose their "priority date" for the...
According to the Labor Department: No, an application converted to RIR processing retains the priority date of the original application. Likewise, if the request for RIR conversion is denied, the case...
View ArticleDoes the original application need to be withdrawn to request RIR conversion?
According to the Labor Department: No, simply send the request and appropriate documentation to the BEC as described above.
View ArticleWill the Backlog Processing Centers (BPC) maintain separate tracks for a)...
Will the Backlog Processing Centers (BPC) maintain separate tracks for a) traditional filings; b) RIR filings; and c) special handling filings? If not, why not?According to the Labor Department: The...
View ArticleHow is the 2 track system going to work, that is the RIR and TR streams? What...
How is the 2 track system going to work, that is the RIR and TR streams?What resources will be allocated to each?What is the time period for each?Will the resources be allocated such that the last TR...
View ArticleDoes the 24-30 month processing projection apply to both RIR and TR cases or...
According to the Labor Department: No queue will automatically get preference. We plan to allocate resources based on the number of cases in each queue. However, we anticipate that the processing time...
View ArticleHow will RIR and TR priority be handled over PERM cases?
According to the Labor Department: Backlogged cases will be processed in Philadelphia and Dallas. PERM cases will be processed in Chicago and Atlanta.
View ArticleDOL publishes FAQs on RIR Conversion
The Department of Labor published a set of FAQs regarding the RIR Conversion Opportunity, i.e., the "hold harmless" or "safe harbor" recruitment period for converting traditional labor certification...
View ArticleWhat if an employer has already had their RIR status denied, or has attempted...
What if an employer has already had their RIR status denied, or has attempted to convert to RIR previously, is such an application eligible for RIR conversion?According to the Labor Department: Yes. If...
View ArticleCan an employer request RIR conversion for a closed or withdrawn application?
According to the Labor Department: No, only cases currently open and in process at the BEC are eligible. However, if the employer is using the "No BEC Contact" procedure to reconstruct a case or the...
View ArticleDoes the Prevailing Wage used to establish a pattern of recruitment need to...
Does the Prevailing Wage used to establish a pattern of recruitment need to be 100% of the current prevailing wage for the occupation?According to the Labor Department: Yes, as per current regulation...
View ArticleIs there a date before which an employer or their agent must send a request...
According to the Labor Department: There is no specific date by which an employer or their agent may request RIR conversion. However, by regulation, once the BEC has posted the job order to begin the...
View ArticleWill the BEC delay recruitment on a TR application so that the employer can...
According to the Labor Department: No. Due to the Office of Foreign Labor Certification's (OFLC) intensive effort to eliminate the backlog, it is not practical for the BEC to delay recruitment on...
View ArticleIs there a date by which an employer's original application must have been...
Is there a date by which an employer's original application must have been filed in order to be eligible for conversion from TR to RIR?According to the Labor Department: Yes, applications must have...
View ArticleIn order to establish a "pattern of recruitment," which date is used as the...
In order to establish a "pattern of recruitment," which date is used as the reference point – the date the original application was received or the date the RIR conversion request is received?According...
View ArticleWhy might an employer want to convert a TR application to RIR?
According to the Labor Department: Because RIR applications do not undergo the same recruitment process, these applications generally reach final resolution (certification or denial) in significantly...
View ArticleDuring the public briefings, the Department indicated that there will be 2...
During the public briefings, the Department indicated that there will be 2 processing tracks—Reduction in Recruitment (RIR) and Traditional Recruitment (TR). As to the First in-First out (FIFO)...
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