Can Cases Filed Under the Current System Be Converted To A PERM Case?
A. A pending case can be converted to a PERM case, while preserving the original filing date, by withdrawing the pending case and refiling it. A case may be withdrawn and refiled if it is an RIR application, or if it is a “traditional” application for which supervised recruitment has not yet begun. In order to be refiled and keep the original filing (priority) date, the application must be for the “identical job opportunity,” and must otherwise comply with all of the PERM requirements. If it is found not to be “identical,” then the earlier filing date or priority date will be lost. In order to refile, therefore, an employer would need to have conducted recruitment that meets the PERM standards no more than 180 days prior to the request for conversion. Given the expense of newspaper advertising alone, many employers will opt to leave their RIR cases pending with DOL rather than converting them to PERM.
