As explained in our jingchenglaw article entitled, RIR Conversion Permitted at Backlog Elimination Centers, the U.S. Department of Labor (DOL) has expanded the ability to convert traditional, or TR / non-Reduction in Recruitment, labor certifications to Reduction in Recruitment (RIR) cases. This expansion means that most traditional cases that are pending in the Backlog Processing Centers (BPCs) can be converted to RIR cases.

As of the announcement, any TR application submitted o a SWA with a postmark dated on or before March 28, 2005 may request conversion to RIR by following the established process.

To clarify some questions surrounding this process, the DOL has provided FAQs. These are summarized below.

Q:   Why would an employer want to convert a TR case to RIR?

RIR cases generally are processed to receive decisions more quickly, since they do not undergo the same recruitment method. Therefore, it is often to the employer’s advantage to convert applications from TR to RIR.

Q: 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?

Yes, applications must have been postmarked on or before March 28, 2005. This is an extension from the prior deadline and essentially includes all open TR cases in the backlog for which a job order has not been initiated.

Q: Who may request RIR conversion?

The employer, or its designated attorney or agent, may file the request for RIR conversion.  Aliens are not eligible to request conversion, and the Backlog Elimination Centers (BECs) will not respond to such requests.

Q: Are applications for Schedule B occupations eligible for RIR conversion?

No, under existing regulations, Schedule B applications are not eligible for the RIR process.
Typical Schedule B occupations include: bookkeepers, cashiers, service station attendants, taxi drivers, domestic household workers without a year's paid experience, clerk-typists, sales clerks, and general kitchen workers.

Q: Is there a deadline for making the RIR request?

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 recruitment process, the application is no longer eligible for RIR conversion. Thus, if an employer waits, the case may end up going through the supervised recruitment under the TR / regular labor process. The BPCs will not delay their start of recruitment to accommodate an employer's request for RIR conversion, which cannot be made before recruitment is begun, but only at the time of submitting the RIR conversion. The request must arrive prior to the start of supervised recruitment.

Q:  What documents are needed to make the request?

The RIR request must be accompanied by a written request for conversion, contact information regarding the application (including an eMail address), documentation establishing a pattern of recruitment within the six months preceding the date the conversion request is received by the BPC, and proof that any U.S. workers who applied for the job were rejected for lawful, job-related reasons. There must be documentation of the recruitment process used and the results of those efforts.

Q: How should an employer or the employer’s attorney send in an RIR Conversion request to the BEC?

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 BEC:
ATTN: RIR Conversion Request & Documentation U.S. Department of Labor
Employment and Training Administration
1 Belmont Avenue, Suite 200, Bala Cynwyd, PA 19004

For Dallas BEC:
ATTN: RIR Conversion Request & Documentation U.S. Department of Labor
Employment and Training Administration
700 North Pearl St., Suite 400N Dallas, Texas 75201

Q: How will the BECs process requests for RIR conversion?

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. Employers will not receive a confirmation that the request was received.

BECs will review the documentation provided and determine whether the documentation provided is sufficient.

Q: What happens if the RIR conversion request is granted?

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 RIR processing queue. Applications will continue to be processed by filing date.

Q: What happens if the RIR conversion request is not granted?

If BEC determines that the documentation provided is insufficient to warrant RIR conversion, the case will remain in the TR processing queue and be processed in priority order. An e-mail will be sent notifying the employer or their attorney that RIR conversion was denied.

Q: 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?

Yes. If the employer is able to remedy the shortcomings in the pattern of recruitment or documentation, requests for RIR conversion may be made even if RIR was denied previously up until the BEC begins supervised recruitment on the application, at which time the case is no longer eligible for conversion.

Q:  In order to establish a "pattern of recruitment," which date is used as the reference point?

The reference point for the pattern of recruitment within six months is based on the date the RIR conversion request is received by the BPC. Thus, any advertisements must have been placed within six months of the request to convert to RIR. Earlier recruitment will not be considered.

Q: Can an employer requesting RIR conversion lose their “priority date” for the application?

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 continues processing in the TR queue under the original priority date.

Q: Does the original application need to be withdrawn to request RIR conversion?

No, simply send the request and appropriate documentation to the BEC as described above.

Q: Does the Prevailing Wage used to establish a pattern of recruitment need to be 100% of the current prevailing wage for the occupation?

Yes, as per current regulation governing recruitment for Foreign Labor Certification applications, recruitment should be done at 100% of the prevailing wage.

Q: Can an employer request RIR conversion for a closed or withdrawn application?

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 “Reopen” procedure to request reopen for a case you believe was closed in error as described in prior FAQs, you may submit your RIR conversion request and supporting documentation along with your reconstructed case. If requesting RIR conversion with another action, employer submissions should be clear that multiple actions are being requested, and documentation for each should be provided.