OFFICE OF FOREIGN LABOR CERTIFICATION TRANSITIONS PERM SUBMISSION AND PROCESSING TO THE FOREIGN LABOR APPLICATION GATEWAY AND IMPLEMENTS REVISED FORM ETA-9089

June 6, 2023

Effective June 1, 2023, the Office of Foreign Labor Certification (“OFLC”) transitioned PERM submission and processing to the Foreign Labor Application Gateway (“FLAG”) and concurrently implemented the revised Form ETA-9089. To facilitate the transition to the revised Form ETA-9089 and the new filing system, OFLC conducted two webinars on April 19 and April 20. Copies of the revised Form ETA-9089 and appendices can be found on OFLC’s website.

According to OFLC, the revised Form ETA-9089 “streamlines and standardizes information collection for employers preparing PERM applications, promoting greater efficiency and transparency into OFLC’s review of the applications.” The revised Form ETA-9089 includes new questions regarding the Notice of Filing, the number of current employees on the employer’s payroll in the area of intended employment, and requests additional information about the offered wage such as cost of living increases, bonuses, fringe benefits, or any other benefits associated with the job opportunity. Furthermore, PERM submission through FLAG includes increased functionality where users link the corresponding Form ETA-9141 (“Application for Prevailing Wage Determination”) to the PERM application, thereby eliminating the need to manually enter information such as job duties, educational requirements, experience requirements, and special skills.

PERM applications submitted through OFLC’s legacy PERM Online System prior to June 1, 2023 will continue to be processed through that system. Users who have pending applications in the legacy PERM Online System can still upload responsive documents to Audit requests, withdraw applications, request reconsideration or appeal, and submit Help Desk Inquiries.

Please contact us at Landau, Hess, Simon, Choi & Doebley if you have any questions about the new PERM submission process. To schedule a consultation with one of our attorneys, please proceed to our Consultation Request Form.

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