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After May 15, 2023, PERMs Must Be Filed Via DOL’s FLAG System

By Kathryn Schababerle ‡ on April 28, 2023
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On April 21, 2023, the Department of Labor (DOL)’s Office of Foreign Labor Certification (OFLC) announced that after May 15, 2023, at 6:59 p.m. EST, they would no longer accept ETA-9089 applications via their legacy PERM Online System. Thereafter, all ETA-9089 applications must be filed using the DOL’s FLAG system, and OFLC will no longer accept the previous version of Form ETA-9089 either electronically or by mail.

To assist with the transition, OFLC announced that ETA-9089 filers may begin preparing applications in FLAG starting April 24, 2023. To familiarize stakeholders with the new ETA-9089 application, OFLC conducted two webinars prior to the announcement.

In addition to being hosted on a new platform, there are many updates in the new ETA-9089 form, including a general overhaul of the formatting and ordering of requested information. Some of the most notable updates include the following:

  • employee information has been moved to Appendix A instead of being incorporated in the primary section of the form;
  • the new form pulls information directly from the Prevailing Wage Determination issued within the FLAG system;
  • a question that specifically involves Kellogg language;
  • a place for employers to identify the number of employees at the PERM worksite; and
  • a place for employers to identify where the employee gained the qualifying experience with the qualifying skills.

Additionally, filing ETA-9089 on the FLAG system alleviates the need for employers to create a separate account on the legacy filing system to file applications.

The changes in the ETA-9089 form and the move to the FLAG platform marks a significant change in the preparation and filing of the application that is the basis for many employment-based green cards. How the anticipated and unanticipated consequences of the updates may impact the user experience and filing of these applications remains to be seen.

Photo of Kathryn Schababerle ‡ Kathryn Schababerle ‡

Kathryn Schababerle focuses her practice on U.S. employment-based immigration law, representing companies and individuals from around the world. She assists employers in developing and maintaining their U.S.-based workforce, helps individuals pursue their goals of living in the United States, and works to establish…

Kathryn Schababerle focuses her practice on U.S. employment-based immigration law, representing companies and individuals from around the world. She assists employers in developing and maintaining their U.S.-based workforce, helps individuals pursue their goals of living in the United States, and works to establish compliant and efficient immigration systems and processes. Kathryn handles a wide range of non-immigrant and immigrant visa matters. Her experience includes H-1B, TN, E-2, E-3, L-1, and O-1 petitions. She also manages PERM labor certification processes, I-140 immigrant petitions for EB-1, EB-2, and EB-3 categories, and I-140 and I-130 based immigrant visa applications through both Adjustment of Status and Consular Processing.

In her practice, Kathryn works with clients across various industries, including information technology, health care, energy, industrial construction, and small businesses/startups. She has experience that ranges from managing high-volume caseloads to private individuals. Kathryn also responds to Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), Administrative Appeals Office (AAO) briefs/requests, and other USCIS inquiries.

‡ Admitted in the District of Columbia. Not admitted in Virginia. Practice limited to federal immigration practice.

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  • Posted in:
    Immigration
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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