The Office of Foreign Labor Certification (OFLC) has recently made several announcements regarding the transition of PERM submission and processing to the Foreign Labor Application Gateway (FLAG) and the implementation of the revised Form ETA 9089. Due to stakeholder requests and in response to feedback, OFLC has decided to provide an option for filers to link prevailing wage determinations to a PERM application, even if they no longer have access to the FLAG account used for the wage request. Detailed instructions on how to utilize this option can be found in the addendum to the Form ETA 9089 User Guide, available on the PERM program page on FLAG.

OFLC has also provided important dates regarding the transition. The legacy PERM Online system will no longer accept applications after 6:59 pm EST on May 31, 2023. However, applications sent by mail and postmarked on or before May 31, 2023, will still be accepted through the legacy system. The full deployment of the PERM module in FLAG is scheduled for June 1, 2023.

It is worth noting that only the external submission functionality in the PERM Online system will be disabled on May 31, 2023, at 6:59 PM EST. The system will remain operational for other purposes. Users with pending applications in the legacy PERM Online system will still be able to perform various tasks, including uploading documents for audit requests or information requests, withdrawing applications, requesting reconsideration or appeal, and using the Help Desk Inquiry system as usual.

About the Author

Alexandra Sarrine
Senior Counsel at Garvish Immigration Law Group | (800)951-4980 | | Profile | + posts

Alexandra Vasquez Sarrine is Senior Counsel at Garvish Immigration Law Group, LLC in Atlanta, Georgia. She has been practicing immigration law since 2012. Prior to joining Garvish Immigration Law Group, Alexandra worked at another Atlanta-based immigration law firm, focusing her practice on family-based immigration and removal defense. Now, Alexandra focuses her practice on employment-based immigration, assisting businesses obtain nonimmigrant and immigrant visas for their employees, as well as family-based immigration including waivers.