OFLC Continues to Provide Guidance on Form ETA-9089 in FLAG
June 9, 2023
DOL posted a form titled “Form ETA-9089, Final Determination” to be used ONLY when submitting a Form I-140 petition to USCIS in support of a Schedule A or NIW petition. Along with the new form, DOL OFLC has provided the following reminder to stakeholders:
NOTE: Form ETA-9089, Final Determination is for completion and submission ONLY when submitting Form I-140 to USCIS in support of a Schedule A or National Interest Waiver. When submitting the form to USCIS, please sign and submit a fully executed copy of page 2 along with Form ETA-9089 and the appropriate appendices.
PERM applications submitted to OFLC will receive an electronic version of this form if the application is certified. USCIS will only accept the signed version of the form sent by OFLC upon certification of the PERM application in support of Form I-140. Submission of any other version of the form other than the version issued electronically by OFLC will be rejected.
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
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:
Practice Alert: OFLC Provides Updates Concerning the New Form ETA-9089 and Its Implementation in FLAG
The DOL Liaison Committee provides an update from DOL concerning the new Form ETA-9089 and its implementation in the FLAG system.
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.
Practice Alert: OFLC Now Has Ability to Link PWD to PERM Application Where Users No Longer Have Access to FLAG Account
DOL announced that it now has 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. See the Form ETA 9089 User Guide for more information.
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.
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.
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.
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
- DOL provides a PERM FLAG 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