If you go through the RIR process, the Priority Date is established when your employer files the RIR Labor Certification application with the State Workforce Commission, even if the request is later withdrawn and the application is adjusted to a regular Labor Certification. For more information on Priority Dates, please click here. No. The current laws do not allow a US employer to file two Labor Certification application ns for the same alien simultaneously.

The primary difference is that the turnaround time for an RIR application is significantly shorter than a traditional Labor Certification application. An RIR application requests that the job recruitment campaign requirement that is governed by the State Workforce Commission be waived. In an RIR application, the U.S. employer attests that it has already conducted a bonafide and continuous job search and was unable to find a U.S. worker to fill the position.

No. An H-1B is a non-immigrant status, while a Labor Certification application is for immigration petition purposes. A Labor Certification is a pre-requisite for an immigration petition for most employment-based categories. For employment-based petitions, it is, in many cases, the first step to obtaining the right to live and work within the U.S. An H-1B petition is a non-immigrant visa for alien workers and provides the right to live and work within the U.S. for a amount of time.

A: It depends. An RIR Labor Certification application, similiar to a regular Labor Certification may impact non-immigrant visa applications and the renewal of non-immigrant status. You may be denied an academic student (F visa), temporary visitor (B visa), vocational student (M visa), exchange visitor (J visa) or other non-immigrant visa or renewal based on conflicting immigration intent.

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

The same employer may file another Labor Certification application immediately on your behalf if the new job is substantially different from the previous one and all the other RIR Labor Certification requirements are met. However, if the job position is the same or similiar to the original job offer, the employer must wait for at least six (6) months to refile an RIR application.

No. You do NOT need to work for your employer during the RIR Labor Certification process. The RIR is filed for prospective or future employment.

Yes. The employer/petitioner is not required to employ the alien and may terminate the alien's job at any time without any liability. It depends. If those who have been laid off are in a different line of work or profession than your RIR request, the RIR Labor Certification application will generally not be affected.

The term "priority date" can mean any of several different things, depending on the context. The "priority date" of a patent application is the date which controls what prior art affects its patentability, whether a statutory bar applies, etc. For many patent applications the priority date is the date on which the patent application was filed with the patent office. In some circumstances a patent application will enjoy an priority date earlier than its own filing date.

While RIR was once lauded as a speedy approval process in comparison to its predecessor traditional labor certification system, it slowed significantly due to sheer volume. The situation was exacerbated by the backlog caused by the influx of filings at the end of April 2001 prior to the termination of the 245(i) provisions. Presently, the backlogged RIR and traditional Labor Certification applications are being processed by two Backlog Reduction Centers (BRCs).

The processing times for Labor Certifications vary from state to state. Labor Certification jurisdiction is based on the location of the proposed employment. In some states, the Labor Certification process may take up to three (3) years, while some states provide a determination within six months. For more information on Processing Times, please click here.

Lawrence decides to form his own company, Company Z in order to obtain a Green Card via an employer based immigration petition. Lawrence's company, Company Z, files a Labor Certification on his behalf. The Labor Certification will most likely be denied since the Department of Labor will question whether it is a bonafide or good faith job offer. Susan's employer, Company D files a Labor Certification on her behalf. Her current salary does not meet minimum prevailing wage requirements.

In most instances, filing a Labor Certification in addition to another petition does not pose any conflicts and is permitted. Joon is a beneficiary of a pending family-based immigration petition. Joon may have his prospective employer, Company U file a Labor Certification on his behalf which may increase his chances for approval. Ann has filed an employment based immigration petition through a National Interest Waiver (self-petition).

End date the schedule if: The employee is transferring to another organization with the same assignment; Employee's distribution is to switched to the Org Default Labor Schedule; The Award/Grant is ending; No longer want charges against current PTAEO.

It depends. A Labor Certification application may impact non-immigrant visa applications and the renewal of non-immigrant status. You may be denied an academic student (F visa), temporary visitor (B visa), vocational student (M visa), exchange visitor (J visa) or other non-immigrant visa or renewal based on conflicting immigration intent. Yes. Filing two Labor Certifications on your behalf may increase your chances of obtaining a Green Card.

The labor certification is filed by the employer before filing the application for the visa. It is an authorization to an employer that permits the immigration of a foreign worker. The labor certification is concerning the employer's offered wage and working conditions and a prospective employee is not involved at all. Labor certification cannot be transferred to another company

No. If the applicant meets the requirements for education and experience of the PERM application, the PERM application should be approvable. Even if a PERM case is denied, the applicant could quickly re-file another PERM case, correcting any deficiencies in the first case. Since PERM applications are processed so quickly, the second PERM case would be reviewed long before most cases pending under the current labor certification process.

The employer must conduct pre-filing advertising and recruitment during the 180 to 30 day period prior to filing Step 1 Labor Certification Application. For professional positions, the following advertising must be done: Mandatory job order with state job bank for at least 30 calendar days. Must be done during the 180 to 30 day period; and Mandatory posting on major local newspaper for 2 Sundays.

Any position requires a Labor Certification except for alien’s who qualify as Aliens with Extraordinary Ability, Outstanding Researchers or Professors, or Multinational Corporation executives or managerial transferees), National Interest Waiver candidates, Immigrant Investors, or some pre-certified occupations (such as registered nurse).