RIR Conversion Possible for Most Labor Certifications at BPCs
Posted Oct 13, 2006
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The U.S. Department of Labor (DOL) issued a Notice in the Federal Register on October 6, 2006, extending the ability to convert pending traditional (TR, or non-Reduction in Recruitment) cases to Reduction in Recruitment (RIR) cases. This ability to convert to RIR has been extended to nearly all the pre-PERM labor certifications pending in the backlog centers. The only labor certifications that cannot be converted are those that already have a job order initiated through the BPC, as part of the supervised recruitment process.
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This change was made in an effort to assist the DOL in its goal of having all backlogged labor certifications eliminated by September 30, 2007. RIR, essentially, means that the employer engages in recruitment efforts without specific direction and supervision from DOL. The efforts and outcome of those efforts must be reviewed by the DOL in the RIR request and must meet DOL standards. Overall, it is still less time-consuming for the DOL than directing and supervising the recruitment for each traditional non-RIR case.
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The ability to utilize RIR conversion is not new. It was limited previously to cases filed before August 3, 2001, however. This matter was reported when the conversions became possible, and periodically thereafter, as certain extensions and updates were issued. To review this topic, MurthyDotCom and MurthyBulletin readers should refer to our August 10, 2001 article, DOL Issues Long Awaited RIR Conversion Regulations, and our January 20, 2006 article, DOL Confirms Conversion Still Exists, both available on MurthyDotCom.