Office of Foreign Labor Certifications Announces Form ETA-9089 Case Creation and Case Submission in Foreign Labor Applic

Posted by Berd & Klauss, PLLC on January 8th, 2024

If you are a US employer who hires foreign workers to work permanently in the US, you may already be familiar with the Permanent Labor Certification (PERM) certification that can help candidates earn their permanent residency. This process is quite demanding; it requires you to perform a labor market test to find qualified U.S. workers to sponsor for permanent residency. Furthermore, you need to request a prevailing wage determination from the Department of Labor (DOL), followed by filing a PERM application using Form ETA-9089 through the Office of Foreign Labor Certification (OFLC).

The good news is that changes are being planned to streamline the PERM certification process, as announced by the DOL’s OFLC. These changes aim to speed up application processing and enhance the employer experience.

Previous PERM certification practices

OFLC used to rely on the legacy iCERT platform to prepare and submit labor certification applications and prevailing wage requests. However, this was replaced by the Foreign Labor Application Gateway (FLAG) in 2018 to provide a more modern approach. Prevailing wage determinations and other visa programs were successfully transferred into that new system, but OFLC still utilized the iCERT platform to prepare and file Form ETA-9089.

In 2022, the OFLC expressed its intention to enhance the functionality of FLAG with the aim of enhancing the efficiency of the PERM Labor Certification Program. However, only recently has additional information regarding its operation been made available.

Changes you can expect in the PERM program

OFLC will change the format and content of Form ETA-9089 as one of the steps to transition the PERM system to FLAG. That way, the form can standardize and streamline how employers collect information. Additionally, it should increase transparency and efficiency when DOL reviews the applications. Aligning Form ETA 9141 with Form ETA-9089 should result in more efficient data collection across every aspect of the PERM program.

Here are some of the important changes that will occur on Form ETA-9089:

• Enhanced integration: Prevailing Wage Determinations and Form ETA-9089 – Employers do not have to manually input data on crucial details. FLAG will link Form ETA-9089 to the prevailing wage determination to auto-populate the information.
• Section E: information on the job opportunity and wages – The employer can describe wage rate conditions, including fringe benefits and bonuses.
• Section H: Recruitment information – Section I is now Section H.

Do these changes affect you?

OFLC began accepting the revised forms on May 16, 2023. Note that it will stop accepting the previous versions of Form ETA-9089, so keep yourself up-to-date.

Get more details from an immigration law firm in New York.

Visit Berd & Klauss for further assistance in getting immigration benefits in the US. The immigration law firm in New York has extensive experience working with businesses and employers looking to employ skilled foreign employees and provide them with opportunities to apply for permanent residency.

About the Author:

This content is written by Patrick Klauss, Esq, an immigration lawyer and a partner at Berd & Klauss, PLLC. The firm specializes in immigration & immigration-related issues and handles everything from immigrant visas to deportation and waivers.