Key dates:
April 24, 2023: Application creation in FLAG system opens for Form ETA-9089
May 15, 2023 at 6:59 PM EST: Last day to submit ETA-9089 through legacy PERM system
May 16, 2023: OFLC to begin only accepting applications through the FLAG system
The Department of Labor’s Office of Foreign Labor Certification (OFLC) has announced the transition of PERM filings to the Foreign Labor Application Gateway (FLAG) system. As part of the transition to FLAG, OFLC has announced it will cease accepting submissions via the legacy PERM system on May 15, 2023, at 6:59 PM EST and will begin accepting PERM submissions through FLAG on May 16, 2023. Therefore, filers who intend to submit their applications for Permanent Employment Certification via the legacy PERM portal have until May 15, 2023, at 6:59 PM EST to do so.
While cases created via FLAG cannot be submitted before May 16, filers can begin preparing applications within the system as of April 24, 2023. The Department of Labor has also provided a guided example of the revised Form ETA-9089 for filers to familiarize themselves with.
Employers with questions should contact their legal representation if they have additional questions about these changes, the timeline, and what these changes might mean for their case.