What if an applicant or its designated attorney or agent sends in an e-mail indicating an intent to convert to RIR, but fails to send the RIR conversion package to the BEC postmarked by April 1, 2007?
An applicant taking advantage of the hold-harmless opportunity but failing to return the RIR package in a timely manner will result in the case being closed by the BEC. The BECs are operating under a date certain to eliminate the permanent labor certification backlog. OFLC has created this “hold harmless” opportunity to alleviate employers’ concern that they will begin recruitment only to find out that they are not eligible because the BEC initiated recruitment in the meantime. However, given the date certain to complete the backlog, the BECs cannot place cases in “hold” status for an extended (or indefinite) period of time without assurance that the RIR conversion will take place. Therefore, the BEC will close cases where the RIR conversion package is not postmarked or received by the appropriate BEC by April 1, 2007. As stated above, these applications will not revert to the TR status and the decision to deny the application will not be subject to appeal.
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