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OFLC Posts 9089 News (May 26, 2023)

May 26, 2023 (2 min read)

OFLC, May 26, 2023

1.  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.

2.  OFLC announces case technical guidance for case submission of the Form ETA 9089

Filers have been able to use the case creation functionality in the PERM module in the Foreign Labor Access Gateway (FLAG) since April 24, 2023. During the time that functionality has been available, OFLC has received and reviewed numerous help desk inquiries pertaining to the filing of the revised version of Form ETA 9089. As a reminder, OFLC does not provide case-specific guidance on the filing procedures. Each case has its own specific requirements and circumstances. OFLC strongly encourages all applicants to review the PERM regulations, the frequently asked questions (FAQs), and the Instructions to the Form ETA 9089 for general guidance. OFLC will continue to review received Help Desk inquiries and will provide additional guidance in the form of new FAQs. OFLC has identified one question which has been so commonly received we believe it should be addressed prior to the PERM module in FLAG being fully deployed to prevent confusion when filers try to submit PERM applications.