What Is the New FLAG-Based PERM System?

As of June 1, the Department of Labor has begun accepting online Permanent Labor Certification (PERM) applications via their new Foreign Labor Application Gateway (FLAG) system. Follow along to find out what this new FLAG-based PERM system entails and how a talented work authorization permit lawyer in Milwaukee, WI, from Sesini Law Group, S.C., can help you understand how this may affect you.

What should I know about the new FLAG-based PERM system?

First of all, before the new FLAG-based PERM system was instilled, the Department of Labor was filtering applications through its legacy PERM portal. And now, with this transition, the Department of Labor is also using a new version of Form ETA 9089, otherwise known as the Application for Permanent Employment Certification.

This new version comes with more requirements for not only sponsored foreign workers but for their sponsoring employers. That is, sponsoring employers must provide more detailed information regarding their business operations and the like. Such revisions are as follows:

  • Sponsoring employers are to disclose information regarding additional worksites, roving worksites, or telecommuting worksites.
  • Sponsoring employers are to disclose information regarding the number of employees in the area of intended employment.
  • Sponsoring employers are to disclose information regarding the sponsored foreign national’s qualifications.
  • Sponsoring employers are to disclose information regarding their justification for including certain job requirements that the Department of Labor considers beyond what is typically expected.

Notably, this new version of Form ETA 9089 is already being used for Prevailing Wage Determination requests and nonimmigrant Labor Condition Applications.

How can a lawyer help me?

Firstly, if you are a sponsoring employer, it may take longer to gather, review, and submit this newly requested information. And if you are a sponsored foreign worker, it may take longer to prepare, review, and submit this new form. That said, a lawyer may be of assistance in expediting this process for you.

In addition, you must understand what it now means to have submitted your PERM application through the original legacy PERM portal before the switch on June 1. This means that the Department of Labor will still process your application through this old system.

However, they will likely not process applications through the new FLAG-based PERM system altogether until they have reviewed every last application in this old system. So, if you submitted your PERM application after June 1, this means that it may take longer to process. That said, a lawyer may be of assistance in ensuring you are on the right track toward starting work in the United States at the time you have planned for.

As you may likely conclude yourself, this new system may come with massive implications for your work authorization status. So you should not hesitate in reaching out to a talented work authorization permit lawyer in Milwaukee, WI from Sesini Law Group, S.C.

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