OFLC Announces PERM Module in FLAG Will Be Fully Deployed on June 1

June 2, 2023

DOL released the following pdfs of the ETA-9089 form and supporting documents:

• Form ETA-9089, Application for Permanent Employment Certification
• Form ETA-9089, General Instructions
• Form ETA-9089, Appendix A
• Form ETA-9089, Appendix B
• Form ETA-9089, Appendix C
• Form ETA-9089, Appendix D

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June 1, 2023

DOL posted the following notice on its FLAG portal, announcing that Form ETA-9089 submissions are now open but that linking PWD outside of network is still not available:

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DOL posted the following announcement on May 26, 2023

May 26, 2023, OFLC announces case submission for the Form ETA 9089 for PERM in FLAG on June 1, 2023

OFLC previously announced a delay to the date on which it will transition PERM submission and processing to the Foreign Labor Application Gateway (FLAG) and the concurrent implementation of the revised Form ETA 9089. In response to stakeholder requests, OFLC used this delay to work with the Department’s Office of Chief Information Officer to provide filers the option to link prevailing wage determinations to a PERM application where users no longer have access to the FLAG account from which the prevailing wage request was submitted. Information and guidance on how to use this option can be found in the addendum to the Form ETA 9089 User Guide on the PERM program page on FLAG.

As stated in OFLC’s announcement on May 11, 2023, OFLC will not accept applications in the legacy PERM Online system after 6:59 pm EST on May 31, 2023, however, mailed-in applications post-marked on or before May 31, 2023, will be accepted in the legacy system. The PERM module in FLAG will be fully deployed on June 1, 2023. Please Note: The external submission functionality in the PERM Online system is the only part of the system which will be disabled on May 31, 2023, at 6:59 PM EST; the PERM Online system will otherwise remain operational. Users who have pending applications in the legacy PERM Online System can still upload responsive documents to an Audit request or request for information, withdraw applications, request reconsideration or appeal, and use the Help Desk Inquiry system as normal.

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On May 23, 2023, DOL added the following notice in the PERM system. Users must be logged into their PERM account to see this message:

IMPORTANT NOTE: Effective May 31, 2023, 7:00 PM Eastern Standard Time, the Office of Foreign Labor Certification will not accept the previous version of Form ETA-9089 electronically or submitted by non-electronic methods (mail, email, or fax). All new versions of Form ETA-9089 must be submitted electronically in the Foreign Labor Application Gateway (FLAG) system after 6:59 PM on May 31, 2023, or by mail with a postmark date June 1, 2023 or later. Go to https://www.dol.gov/agencies/eta/foreign-labor for additional information.

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DOL posted the following announcement on May 11, 2023

May 11, 2023. Office of Foreign Labor Certification Postpones Date for Submitting Revised PERM and CW-1 Forms in the Foreign Labor Application Gateway to June 1, 2023

Following up on the announcements of April 21, April 27, May 1, and May 8, 2023, the Office of Foreign Labor Certification (OFLC) is postponing the date for filers to begin submitting the new, revised applications for permanent employment certification and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway (FLAG) from May 16, 2023, to June 1, 2023. Applicants should continue to use the current PERM and CW-1 forms until such time.

As a result of the transition to the revised version of the form and the transition to FLAG, OFLC will no longer accept any new applications submitted via the legacy PERM Online System after May 31, 2023, at 6:59 pm Eastern Standard Time. OFLC will no longer accept the previous version of Form ETA-9089 or Forms ETA-9141C/9142C, and their related forms, after May 31, 2023, either electronically or submitted by mail.

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DOL posted the following announcement on its website:

April 21, 2023. Office of Foreign Labor Certifications Announces Form ETA-9089 Case Creation and Case Submission in Foreign Labor Application Gateway

The Office of Foreign Labor Certification (OFLC) will begin accepting the revised Form ETA-9089, Applications for Permanent Employment Certification in the Foreign Labor Application Gateway (FLAG) system on May 16, 2023. Filers may begin creating and staging applications in the FLAG system on April 24, 2023.

As a result of the transition to the revised version of the form and the transition to FLAG, OFLC will no longer accept any new applications submitted via the legacy PERM Online System after May 15, 2023, at 6:59 pm eastern standard time. OFLC will no longer accept the previous version of Form ETA-9089 after May 15, 2023, either electronically or submitted by mail.

To facilitate this transition, OFLC conducted two webinars on April 19 and April 20, 2023, to educate the stakeholder community on the new form and FLAG system filing process. OFLC will make recordings of these webinars available shortly.

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Additional Resources

• May 8, 2023. Office of Foreign Labor Certification Posts Unofficial Watermarked Preview Copy of Revised CW-1 Temporary Employment Certification Program's Forms, Appendices, and General Instructions to Allow Stakeholders to Become Familiar with Revisions.
  
  The Office of Foreign Labor Certification (OFLC) will begin accepting the revised CW-1 Temporary Employment Certification Program’s forms, appendices and general instructions on May 16, 2023.
  
  In anticipation of the revised Form ETA-9142C, CW-1 Application for Temporary Employment Certification, Form ETA-9141C, Application for Prevailing Wage Determination, general instructions, and associated Appendices A, B, and C, going into effect, OFLC is publishing an unofficial, watermarked preview copy of these documents to permit filers to become familiar with the revised forms and related documents. OFLC is also providing an unofficial version of the Form ETA-9142C, Final Determination, to allow the public to view what they will see upon an application being certified.
  
  IMPORTANT NOTE: The form and appendices located at the hyperlinks below are for informational purposes only. These versions of the forms, instructions and appendices may not be submitted to OFLC at any time; any submission to OFLC using these forms will be rejected. OFLC will post on its Forms page (https://www.dol.gov/agencies/eta/foreign-labor/forms) official, fillable, and 508 compatible PDF versions of the Form ETA-9142C, Form ETA-9141C, their general instructions and Appendices A, B, and C on May 16, 2023, which is the first day the revised forms will be accepted.
  
  • View the unofficial, watermarked version of the revised Form ETA-9142C, CW-1 Application for Temporary Labor Certification
  • View the unofficial, watermarked version of the revised Form ETA-9142C, Appendix A
  • View the unofficial, watermarked version of the revised Form ETA-9142C, Appendix B
  • View the unofficial, watermarked version of the revised Form ETA-9142C, Appendix C
  • View the unofficial, watermarked version of the revised Form ETA-9142C, General Instructions
  • View the unofficial, watermarked version of the revised Form ETA-9141C, Application for Prevailing Wage Determination
  • View the unofficial, watermarked version of the revised Form ETA-9141C, General Instructions
  • View the unofficial, watermarked version of the revised Form ETA-9142C, Final Determination
• On May 1, 2023, OFLC posted the following:
  
  May 1, 2023. OFLC Provides Webinar Materials and Information to Stakeholders on the PERM and H-2A Programs
  
  In April 2023, the Office of Foreign Labor Certification (OFLC) conducted three webinars to provide stakeholder updates on: Developments on the new Adverse Effect Wage Rate Rule in the H-2A Program; An update to the new PERM Form ETA-9089; And an update on the modernization of the PERM Program. The presentation materials are now available at the hyperlinks below and under the "Webinars" tabs at the bottom of the respective program pages on our website located here: https://www.dol.gov/agencies/eta/foreign-labor/programs.
  
  Presentation Materials for the H-2A Program New AEWR Rule:
  
  • OFLC Stakeholder Webinar on New AEWR Rule Recording April 2023
  • OFLC Stakeholder Webinar on New AEWR Rule Presentation April 2023
  
  Presentation Materials for the PERM Program:
  
  • OFLC Stakeholder Webinar on New Form ETA 9089 Recording April 2023 *Coming Soon
  • OFLC Stakeholder Webinar on New Form ETA 9089 Presentation April 2023
  • OFLC Stakeholder Technical Webinar on PERM Modernization Recording April 2023
• On May 1, 2023, OFLC posted the following user guides and tutorial videos:
  
  User Guides
  
  • Login.gov
  • How to Submit a ETA-9089 Application
  • How to Navigate My Account In FLAG.DOL.GOV
  • How To Navigate The Profiles Tab In FLAG.DOL.GOV
  • How to Bulk Assign or Delete Cases In FLAG.DOL.GOV
  • How to Reuse Form ETA-9141 Cases In FLAG.DOL.GOV
  • FLAG.DOL.GOV
  
  Video Tutorials
  
  • How to create a Flag Account
  • Logging into FLAG
  • Navigating the FLAG Dashboard
  • Form Validation Checks
  • Filling out a Form ETA-9089 Application
  • FLAG Support
  • How to Navigate My Account
  • How to Navigate My Cases
  • How to Use the Notification Center
  • How to Navigate My Network
  • How to Navigate Profiles
• DOL provides a PERM FLAG User Guide.

  Read User Guide

• DOL posted preview copies of the revised Form ETA-9089:

  April 27, 2023. Office of Foreign Labor Certification Posts Unofficial Watermarked Preview Copy of Revised Form ETA-9089 to Allow Stakeholders to Become Familiar with Changes to the Form

  The Office of Foreign Labor Certification (OFLC) will begin accepting the revised Form ETA-9089 in the on May 16, 2023, but filers are currently permitted to prepare PERM applications in the Foreign Labor Application Gateway which may be submitted on that date.

  In anticipation of the revised Form ETA-9089, instructions, and its appendices, going into effect, OFLC is publishing an unofficial, watermarked preview copy of the form and its appendices to permit filers to become familiar with the revised form. OFLC is also providing an unofficial version of the Form ETA-9089, Final Determination, to allow the public to view what they will see upon an application being certified.

  IMPORTANT NOTE: The form and appendices located at the hyperlinks below are for informational purposes only. These versions of the form and appendices may not be submitted to OFLC at any time; any submission to OFLC using these forms will be rejected. OFLC will post on its Forms page (https://www.dol.gov/agencies/eta/foreign-labor/forms) official, fillable, and 508 compatible .PDF versions of the Form ETA-9089 and its appendices on May 16, 2023, which is the first day the revised Form ETA-9089 will be accepted.

  • View the unofficial, watermarked version of the revised Form ETA-9089, Application for Permanent Labor Certification
  • View the unofficial, watermarked version of the revised Form ETA-9089, General Instructions
  • View the unofficial, watermarked version of the revised Form ETA-9089, Appendix A
  • View the unofficial, watermarked version of the revised Form ETA-9089, Appendix B
  • View the unofficial, watermarked version of the revised Form ETA-9089, Appendix C
  • View the unofficial, watermarked version of the revised Form ETA-9089, Appendix D
  • View the unofficial, watermarked version of the revised Form ETA-9089, Final Determination

Cite as AILA Doc. No. 23042400.