Update on PERM Forms and the FLAG System

The Office of Foreign Labor Certification (OFLC) announced a delay in using the new Permanent Employment Certification (PERM) form and CW-1 applications through the Foreign Labor Application Gateway (FLAG) system to June 1, 2023. Individuals should continue using the current PERM and CW-1 forms until that date.

Due to the move to the new forms and system, OFLC will not accept new applications through the legacy PERM Online System after May 31, 2023, at 6:59 pm EST. After May 31, 2023, OFLC will not accept Form ETA-9089 or Forms ETA-9141C/9142C, and related forms, whether submitted electronically or via hard copy.

The Department of Labor (DOL) can issue a permanent labor certification that gives U.S. employers the option to hire a foreign worker on a permanent basis. Before the employer can request an immigration petition from U.S. Citizenship and Immigration Services (USCIS), they must have a certified labor certification from the DOL. This certification confirms that U.S. workers are either unable, unwilling, unqualified, or unavailable to accept the job that may be offered to a foreign worker. Further, the certificate confirms that hiring the foreign worker will not have a negative impact on the working conditions or wages of U.S. workers in similar roles.

In 2018, OFLC began the process to modernize the iCERT system with a modern software tool, FLAG. Further, they transitioned the Prevailing Wage, H-2B, H-2A, and the H-1B/H-1B1/E-3 visa programs to FLAG. Finally, OFLC implemented a temporary visa program, the CW-1, to support employers in the Commonwealth of the Northern Mariana Islands. In 2022, OFLC announced the PERM program would move to FLAG.

The FLAG system is meant to be the communication hub for labor certification and prevailing wage applications, from initial application submission to ongoing communications with OFLC through the software. In addition, FLAG communicates decisions on applications electronically, to the filer and any partner agencies. The system also automatically posts temporary labor certification jobs on the advertising site for Seasonal Jobs.

OFLC continues to focus on improving the filer’s ability to submit applications and communicate with the agency.

If you have questions about PERM or CW-1 or any other immigration-related issue for your company or for yourself, contact us at ILBSG. Our team of attorneys provides expertise in employment-based and family-based immigration issues.