The Office of Foreign Labor Certification is poised to implement changes to the Permanent Labor Certification (PERM) application process.

Key Points:

  • Beginning Thursday, June 1, PERM submissions must be made through the Foreign Labor Application Gateway (FLAG).
  • OFLC will not accept applications in the current PERM Online system after 6:59 p.m. EST on May 31. Mailed-in applications postmarked on or before May 31 will be accepted in the legacy system. The new PERM module will be fully deployed in FLAG on June 1.
  • OFLC will also begin using a revised Form ETA 9089, Application for Permanent Employment Certification, on June 1. OFLC will not accept the current version of the form after May 31.

Background: The switch to the new filing process had been set to take effect May 11, but OFLC announced earlier this month that the change would be postponed to June 1. OFLC said it used the extra time in part to establish procedures that will allow filers to link prevailing wage determinations to a PERM application in cases where users no longer have access to the FLAG account from which the prevailing wage request was submitted. Information on this option can be found in the addendum to the Form ETA 9089 User Guide on the PERM program page on FLAG.

BAL Analysis: BAL continues to work closely with clients in preparation for the June 1 changes to the PERM application process. The submission process and form were designed to streamline PERM; however, technical challenges and delays in the transition period should be expected. BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact

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