FAQs on RIR Conversion Opportunity deadline January 20, 2007

USCIS Memo Time in H4 and L2 Status No Longer Counts Towards H1 or L1 Time

Reduction in Recruitment (RIR) Additional Information

Due to the fact that Reduction in Recruitment (RIR) application processing takes significantly less time than Traditional Recruitment (TR) to reach resolution on the application, the Department of Labor (DOL) has announced that it is extending the application date for employers who wish to convert their TR applications to RIR by following the process established by 66 FR 40584.

The Office of Foreign Labor Certification (OFLC) announced December 22, 2006, that it began a "hold harmless" time period ending January 20, 2007 during which employers may notify DOL of their intention to convert a traditional to an RIR labor certification application. DOL will not deny the request solely based of the fact that the employer has started recruitment activities. However, it will deny the employer's request if DOL has issued a "Recruitment Report Instructions Letter" or if the employer has received a Notice of Findings. The Office of Foreign Labor Certification (OFLC) announced that it is extending the application date for employers who wish to convert their TR applications to RIR applications.

As of this announcement, any TR application (excluding those for schedule B occupations) submitted to a SWA with a postmark dated on or before March 28, 2005 may request conversion to RIR by following the established process. Please be sure to contact our office with any questions you may have, or so we may offer you assistance with this procedure.

To read the DOL Labor Certification Backlog FAQ for Extended RIR Conversion Date Memo in its entirety please see:

http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf