USDOL Permits Conversion Of Basic Labor Certification Applications For Expedited Processing

Author:Harry Joe Esq
Profession:Jenkens & Gilchrist

On August 3, 2001, the United States Department of Labor, Employment and Training Administration issued a final rule permitting employers to request that any labor certification application for permanent employment and permanent residence in the United States filed on or before August 3, 2001, be processed as a request for Reduction In Recruitment (RIR) in order to receive expedited processing. Currently, two types of Applications for Alien Employment Certification may be filed: basic processing often referred to as "regular track" and applications with request for Reduction In Recruitment, RIR. Applications with request for RIR are given expedited processing at the U.S. DOL, ETA Regional Offices. Likewise, State Employment Security Agencies, (SESAs) give preferential expedited review and processing of RIR labor certification applications.

This new regulation benefits employers who have filed basic labor certification applications on or before August 3, 2001. This regulation does not affect filed RIR labor certification applications or the prospective filing of such applications.

Moreover, aliens will be able to retain the Priority Date assigned to the basic application at the time of filing.

Finally, the conversion benefit is not available if the employer has received a Job Order from the SESA to conduct labor market testing or has already conducted the required labor market testing. These will continue to be processed as a basic labor certification application.

In order to obtain the conversion benefit for a pending basic labor certification application, the employer need only submit a written request to the SESA that the application be processed as a request for RIR and attach supporting documentation that the employer has completed sustained recruitment efforts within six months of the request. The required sustained recruitment effort is the same as that required of applications filed with the request for RIR. Such efforts include evidence that the employer has advertised...

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