RIR Conversion Update - Feb 2007
Posted Mar 02, 2007
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The U.S. Department of Labor (DOL) provided updated information in mid-February 2007 regarding the reduction in recruitment (RIR) conversion process. This process, which applies to some of the labor certification cases pending at the Backlog Processing Centers (BPCs) was covered in our January 5, 2007 MurthyBulletin article, DOL Updates Guidance on Conversion to RIR - December 2006, available on MurthyDotCom. Essentially, those employers wishing to convert a labor certification pending with the BPC from a traditional recruitment (TR) case to an RIR case were able to make a request by eMail to the DOL to put a "hold" on the case to allow them to initiate the required recruitment for RIR. The DOL states that it has responded to approximately 75 percent of the RIR conversion eMails.
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DOL Response on Employer's "Hold Harmless" Request
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The DOL had stated that, once an employer or the employer's representative sent in a "hold harmless" conversion request eMail, the DOL would respond with a prevailing wage determination. Thus, some of the responses from the DOL provide the employer with prevailing wage information.
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Not all responses give the go-ahead for the case, however. Some of the DOL responses have informed employers that the case in question has been rejected for RIR conversion. It appears that these rejections must be due to ineligibility for RIR.
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No Reconsideration of DOL Denial of Conversion Requests
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If the DOL denied the conversion request, there is no method to ask for reconsideration. There is no rebuttal process. The case will continue, but will be processed with supervised recruitment under the TR labor process, rather than undergoing the RIR process. The DOL stated that any case that could reasonably have been approved for the conversion opportunity was sent a prevailing wage determination permitting the conversion to proceed.
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Timeframe for Sending All eMail Responses
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The DOL did not provide a timeframe within which eMail responses will be sent. They did say, however, that they will notify the public when they have done so.
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Conclusion
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The DOL was generous to provide this updated information that we are able to relay to MurthyDotCom and MurthyBulletin readers. As the DOL plans to wrap up its backlog work, employees can retain their earlier priority dates from TR or RIR cases filed to obtain their labor certification towards processing their green cards. Obtaining the labor certification is the first (and a critical step) toward the green card in most employment-based cases, as one works toward the ultimate goal of making the U.S. her/his permanent home.