On June 1, 2023, the U.S. Department of Labor (DOL) officially shifted its online PERM labor certification filings from its heritage PERM portal to the FLAG System. DOL concurrently made public the release of an amended Form ETA-9089. This update includes numerous novel questions, the answers to which are likely to elicit an audit if addressed incorrectly or without adequate thought.
These significant changes to the PERM and FLAG systems, as well as to Form ETA-9089, are expected to impact those involved in the submission and processing of PERM labor certification applications. As with any legal reform of this magnitude, it is critical to understand what these changes entail and how best to navigate them.
Based on the information available following the announcement from the U.S. DOL, this article will provide a high-level overview of the changes. Specific points of interest regarding the transition, as well as the new form, will be discussed, providing insight into potential challenges and best practices for the submission process moving forward.
- The transition from the legacy PERM portal to the FLAG System: The DOL’s legacy PERM portal has been replaced with the Foreign Labor Application Gateway, or FLAG system. The FLAG system expects to offer a more digital, efficient, and user-centered experience. However, conversion could pose procedural challenges and may require adapting existing protocols to this new system.
- New Form ETA-9089: The revised Form ETA-9089 has introduced new questions that firms and individuals will need to answer as part of the submission process. Potentially unseen queries may increase the risk of triggering an audit and could lead to delays in application processing if not addressed carefully and with accuracy.
Exact details about the changes, their day-to-day implications, and best practices for adjustment to them, are yet to unfold. However, one fact remains certain: legal professionals working with PERM labor certification applications will have to grow accustomed to these new systems and practices swiftly. It will necessitate a thorough understanding of the transition, close attention to detail, and the ability to adapt to these significant shifts in the PERM labor certification process.
Further, enhanced compliance management, robust audit preparedness, and precise communication can potentially mitigate the risks associated with these changes. Let’s stay prepared and navigate through these transformations with precision and confidence.