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. If the U.S. employer fails to request an RIR at the time of filing, the application may NOT be converted later into an RIR application.

However, an RIR application can be converted later 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.

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