New PERM Labor Certification Form ETA-9089 & FLAG Platform: Essential Update for Filers Effective June 1, 2023

Starting from June 1, 2023, an important change will come into play that will affect all filers submitting PERM Applications for Permanent Employment Certification. As announced by the Office of Foreign Labor Certification (OFLC), a part of the U.S. Department of Labor (DOL), filers must use the newly revised ETA-9089 form on the Foreign Labor Application Gateway (FLAG) system.

The ETA-9089 is a critical document for U.S. employers who are in the process of hiring a foreign worker and applying for their eligibility for lawful permanent resident status. Post May 31, 2023, the OFLC will no longer accept the older version of Form ETA-9089.

The DOL aims to streamline the labor certification process through the implementation of the revised ETA-9089. Notable modifications require filers to enter the Prevailing Wage Determination number, which will automatically populate information from the prevailing wage into the ETA 9089.

There have been certain issues flagged with pre-populating forms. This includes complications for counsels filing an ETA-9089 on behalf of clients when the underlying prevailing wage (ETA 9141) was filed by different counsel. Pre-population also restricts the capacity to accurately describe the worksites, which has become a key factor in today’s world of remote and hybrid work. As of now, the DOL has not addressed these concerns before the June 1 implementation.

Key changes that have been noticed on the revised ETA-9089 form include:

– A new requirement to disclose the number of employees on the payroll in the intended area of employment (as opposed to the total number of employees).

– The inclusion of a question on dual representation – asking if the employer has contracted with an agent or attorney that also represents the sponsored foreign worker.

– A request for clarity on the type of worksite location: the employer’s business premises, the employer’s private household, or the employee’s private residence.

– The MSA/OES area code and title are now required for all worksite locations.

– The reinstatement of the Kellogg language and questioning whether the employee qualifies for the job opportunity through the employer’s alternative requirements. The form asks if the employer is open to any suitable combination of education, training, and experience.

The new form also obliges filers to complete an extra appendix and to provide a business necessity justification when answering affirmatively to a range of questions.

In the past, DOL would only raise issues surrounding these questions in a post-filing audit, if at all. Now, under the revised ETA-9089, employers must provide justifications at the time of filing. This requirement will most likely affect a significant number of filers, as many employers often require a higher level of degree or more years of experience than the DOL’s “normal” requirement.

In conclusion, with the introduction of the new ETA-9089, employers will need to be well-prepared and work closely with their immigration attorneys to smoothly navigate the intricacies of the revised form. It’s crucial to understand these changes and adapt to them efficiently to ensure a seamless labor certification process.

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please don’t hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at for more information.