New PERM Application and Filing Process Become Effective May 16, 2023

April 26, 2023
Anna Buskila

The Department of Labor (DOL) announced that effective May 16, 2023, the Office of Foreign Labor Certification (OFLC) will begin accepting the revised Form ETA-9089, Application for Permanent Employment Certification (also known as PERM or labor certification application) in the Foreign Labor Application Gateway (FLAG) system. The PERM application is often the first step in an employer’s process of sponsoring a foreign worker for permanent residency or a “green card.” As of April 24, 2023, filers may begin preparing applications in the FLAG system. This news is a major shift for two reasons:

  1. 1. The PERM application has undergone a major revision and the new form is even more complicated.
  2. 2. The legacy PERM Online System that has been used for many years is becoming obsolete and will not be used going forward.

As a result of the transition to the revised PERM application and the transition to filing through FLAG, OFLC will no longer accept any new applications submitted via the legacy PERM Online System after May 15, 2023, at 6:59 pm EST. OFLC will no longer accept the previous version of the PERM application after May 15, 2023, whether electronically or by mail.

Our office is fully prepared for the change. We will continue processing your PERM applications in a timely manner utilizing the new FLAG system and will advise our clients regarding how the new form impacts their cases.

If you have any additional questions, do not hesitate to contact our office at (312) 427-6163 or schedule a consultation online.

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

© 2023 Minsky, McCormick & Hallagan, P.C. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Minsky, McCormick & Hallagan, P.C.

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