2026 Update on PERM and Prevailing Wage Filings Through FLAG: Adjudication Trends, RFI Avoidance, and Drafting Strategies

2026 Update on PERM and Prevailing Wage Filings Through FLAG: Adjudication Trends, RFI Avoidance, and Drafting Strategies

Members Only

Three years after PERM filing transferred to the Foreign Labor Application Gateway (FLAG), while most confusion over completing ETA 9089 has faded, new adjudication challenges have emerged. Evolving DOL practices for Prevailing Wage Requests and PERM mean immigration attorneys must provide thorough details on Form ETA 9141 and Form ETA 9089 to avoid requests for information (RFIs) and denials, and address equal pay transparency (EPT) laws in recruitment. Join this intermediate seminar for expert insights on current adjudication trends and important lessons learned.

Featured Topics

  • Strategically completing Form ETA 9141 and Form ETA 9089 in light of emerging trends
  • Best practices for disclosing worksite realities on Form ETA 9089 and Form ETA 9141, including remote work, telecommuting, travel, and other considerations
  • Qualifying under alternative requirements: Is Kellogg language still unnecessary?
  • Effectively addressing job changes post-prevailing wage determination on Form ETA 9089
  • Exceeding specific vocational preparation (SVP) levels and business necessity explanations
  • Effect of equal pay transparency (EPT) laws during PERM recruitment

Faculty

*Vincent W. Lau (DL), AILA USCIS HQ Liaison Committee Vice Chair, Boston, MA 

*Sonal J. Mehta Verma, AILA DOL Liaison Committee Vice Chair, Rockville, MD  

*Mark Ellis, Santa Clara, CA 

*Aimee Clark, Atlanta, GA 

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.

AILA Membership Benefit – Access to Free Seminar Recordings (CLE Credit Available for $35)
Enjoy access to free seminar recordings as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. CLE credit is included with purchase for live participants.

Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars, with no CLE credit, for free. Recordings are CLE eligible in most jurisdictions and a $35 administration fee is required to obtain CLE credit.

Contact us at cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a web seminar recording.

 

Product Details
Event Date September 1, 2026
Format Web Seminar
Length 90 minutes
CLE Eligible Yes. Live attendance must be recorded in My CLE by Tuesday, September 8, 2026. This deadline does not apply to the OnDemand format.
Digital Library Digital goods (MP3, PDF, ZIP, etc.) are available for download for two years after purchase.

Eligible participants can receive up to 1.8 CLE credit hours. AILA will administer CLE credit only to individuals who register and log into the web seminar. AILA cannot verify your attendance and participation in this program unless you register directly for the web seminar and use your name to log in to participate in the program. Therefore, persons who log in or listen in on the web seminar as part of a group will not be able to obtain CLE credit.

Please note that your jurisdiction may limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, visit the CLE Center.

AILA has filed for CLE and specialized credit in all jurisdictions with mandatory CLE requirements. For details about specific approvals, contact us at cle@aila.org

  • AILA applies for accreditation upon attorneys’ request after participation for the following states: AR, DE, IA, ID, KS, KY, LA, ME, MN, MS, OR, TN and WY. Programs are typically approved.
  • Florida and Rhode Island - Attorneys must apply on their own for approval of seminars in FL and RI. Programs are typically approved.
  • The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: MO and PR. Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. View the OnDemand Downloadable Expiration Chart for more details.

To receive CLE credit for the live event, attorneys must record web seminar attendance and the CLE code provided by September 8, 2026 via My CLE. CLE certificates will be available for download the day after the deadline reporting date.

Contact us at cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a seminar recording.