By: Min Kim

INTRODUCTION

The Department of Labor’s Office of Foreign Labor Certification (OFLC) is the government agency that receives, and processes PERM labor certification applications submitted by sponsoring U.S. employers on behalf of their foreign national workers looking to secure an employment-based green card. OFLC earlier released the new Form ETA 9089 PERM labor certification on its FLAG portal, and it was announced that the new ETA 9089 form will start to be accepted by DOL on May 16, 2023. However, DOL has released an update, changing the date they will begin accepting the new version of the Form ETA 9089 PERM application from May 16, 2023 to June 1, 2023.

NEW TIMELINE IMPLEMENTATION

• As of April 24, 2023, U.S. employers and/or their attorneys may start drafting new ETA 9089 PERM labor certification applications within the DOL’s FLAG system.
• DOL will begin accepting the updated Form ETA 9089 PERM application on its FLAG system starting on June 1, 2023.
• New PERM applications will no longer be accepted by DOL if submitted via the legacy PERM Online System after May 31, 2023 at 6:59pm eastern standard time.

CONCLUSION

For any questions or assistance regarding the new version of the PERM labor certification or how to navigate the new form on DOL’s FLAG portal, please contact your trusted Chugh, LLP immigration professional.