U.S. Citizenship and Immigration Services published a Federal Register notice providing updated procedures for submitting a Form I-140, Immigrant Petition for Alien Workers, accompanied by a permanent labor certification, application for Schedule A designation or national interest waiver (NIW) request.

Key Points:

  • Employers whose labor certifications were processed in the Foreign Labor Application Gateway (FLAG) system must include a printed copy of the electronic Final Determination with their Form I-140. USCIS will consider this printed copy as an original, approved labor certification.
  • The Final Determination must be completed and electronically signed by the Department of Labor and must be signed by the foreign worker, employer and the employer’s attorney or agent, if applicable.
  • Form I-140 petitions for Schedule A occupations must contain a completed, uncertified Form ETA-9089 and the following:
    • All applicable appendices
    • A signed Final Determination
    • A valid prevailing wage determination tracking number in Section E, Item 1, of the Form ETA-9089
  • A Form I-140 petition with an NIW request must contain a copy of the Form ETA-9089, Appendix A and a signed Final Determination.
  • The entire Federal Register notice can be read here.

Additional Information: Since June 1, 2023, USCIS has been adjudicating Form I-140 petitions filed with permanent labor certification Final Determinations, Schedule A applications and NIW requests using the edition of the Form ETA-9089 and applicable appendices developed for the FLAG system. This update is meant to make the public aware of the new documentary requirements for permanent labor certification approvals, Schedule A applications and NIW requests submitted with Form I-140 petitions following the implementation of the FLAG system.

More information on Form I-140 petition filing and processing procedures can be found here.

This alert has been provided by the BAL U.S. Practice Group.

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