Updates to the PERM Filing System All Employers Should Know About
In June 2023, the Department of Labor (DOL) transitioned its Legacy PERM System to the Foreign Labor Application Gateway (FLAG) for labor certification filings. Also, the DOL announced the new Form ETA-9089. The purpose of the transition to the FLAG system is to streamline information collection and standardize it.
If you are coming to the United States for permanent employment, you may have questions about the process and need assistance with the U.S. immigration system. The Atlanta immigration attorneys at Shirazi Immigration Law Inc. offer top-tiered and compassionate legal services, and our team is dedicated to providing individualized U.S. immigration solutions.
Changes Made to the PERM Filing System
When a U.S. employer wants to hire a foreign worker for permanent employment in the country, there are several steps that must be taken. An employer must initially obtain a prevailing wage determination (PWD) as well as test the labor market in the United States to identify any potential U.S. workers who would both want the position and meet the minimum requirements to qualify for it. If no such American is found, then the employer will file the Application for Permanent Employment Certification (Form ETA-9089).
The PERM filing system has been updated in the following ways:
- There is no longer a need for employers to register an account and create other sub-accounts for their attorneys to file the ETA-9089.
- The DOL will not send employers sponsorship verification questions.
- Once an application is submitted on FLAG, employers and their attorneys will receive a confirmation email.
- Form ETA-9089 that has been filed in the Legacy Perm System will have to stay in this system to submit responses to audits.
- A final determination version of Form ETA-9089 has been released by the DOL that will be used for filing Form I-140.
- PWD submitted before the system transition must link to the Form ETA-9089 on FLAG. It is possible to make changes to the information, but it is advised not to do so because this could prolong the process and create delays.
- It is recommended to continue the application and submission process even if you receive warning signals.
- There are new questions to be aware of on the updated form. For example, Section A: Employer Information: #14 has been updated to now ask for the total number of employees in the specific area of the employment position, not how many employees exist in the company.
- A sub-section was created for the Notice of Filing, where employers must check off any boxes that are appropriate.
Changing processes and systems does not usually happen without issues and setbacks, and this certainly has been the case with the transition to FLAG. But the intention is that once everyone tries their hand at using the new system, many of the initial questions and difficulties will largely recede.
Call an Atlanta Immigration Attorney Today
For a consultation to discuss your needs and case, please call an Atlanta, GA, immigration lawyer, Shirazi Immigration Law Inc., today at 404-523-3611.