Labor Certification

Labor Certification refers to the process by which a U.S. employer establishes that there are no U.S. workers available to fill a particular position. When an employer follows the U.S. Labor Department's procedures, and establishes that there are in fact no U.S. workers available, the Labor Department is said to grant a "Labor Certification." Recently, there have been a number of different types of procedures to obtain a Labor Certification: the traditional Labor Certification procedure (which has now been eliminated), the streamlined "Reduction in Recruitment" method, the procedure through the Backlog Elimination Center, and the new PERM system.

According to the Labor Department:

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.

According to the Labor Department:

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

According to the Labor Department:

The supporting documentation required for conversion to RIR processing is the same as that required for an application initially filed under the RIR process, with the addition of a written request for conversion. Employers or their attorneys should ensure the request includes:

1. A written request for conversion;
2. Documentation demonstrating that a pattern of recruitment has been established within the six months preceding the date the conversion request is received by the BEC, and that any U.S. workers were rejected solely for lawful, job-related reasons. Documentation must provide a description of the recruitment process used and the results of the recruitment process;
3. Contact information regarding the application including an e-mail address where a reply to the RIR conversion request can be sent.

Extended RIR Conversion Date

Backlog Elimination Centers

On 10/17/06, the U.S. Department of Labor's Board of Alien Labor Certification Appeals (BALCA) issued a ruling in a case, Matter of Custom Landscape Construction, Case No. 2005-INA-181 (10/17/06), in which it addressed the circumstances under which an employer can claim that it actually had MULTIPLE OPENINGS.