What is the difference between a Labor Certification and an RIR?

An RIR is the fast track version of the Labor Certification process. An RIR request must be made at the time the U.S. employer submits the Labor Certification application with the State Workforce Commission. Previously, if the U.S. employer failed to request an RIR at the time of filing, it was NOT possible to have the application later converted into an RIR application. However, effective September 4, 2001, new regulations permit employers to request, in certain circumstances, Labor Certification applications that are filed for U.S. permanent employment on or before August 3, 2001, be processed as an RIR request.

Similarly, an RIR application can be converted into a regular Labor Certification application. This is especially helpful when the U.S. employer is informed by the State Workforce Commission that likelihood of approval is low. If the U.S. employer withdraws the RIR application before the State Workforce Commission denies the application, the U.S. employer may request that the RIR application be converted into a regular Labor Certification and maintain the priority date established by the filing of the RIR application.

Current rules do not allow a U.S. employer to file a regular Labor Certification and RIR simultaneously for the same alien. For more information on RIR, please click on the following links:
Mergers and Acquisitions
Priority Date
Length of Process
RIR vs. LC
RIR vs. H-1B
Required Documents
Flow Chart
Frequently Asked Questions about RIR
Services that We Provide
Attorney's Fees
Articles & News on RIR

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