26 Apr 2023

United States

New ETA Form 9089 Required for PERM Labor Certification Application Filings After May 15, 2023

The U.S. Department of Labor’s (DOL’s) Office of Foreign Labor Certification (OFLC) recently announced a new Form 9089 will be required for PERM labor certification applications filed on or after May 16, 2023.  The new 9089 will be filed through the DOL’s Foreign Labor Application Gateway (FLAG) system online.  According to the OFLC, it will no longer accept the previous version of Form 9089 after May 15, 2023.

The new Form 9089 requires the user to link the prevailing wage determination (i.e., Form 9141) to the Form 9089, and the information from the prevailing wage determination is incorporated by reference into the Form 9089.  DOL also added several new sections to the Form 9089 to capture data that was not specifically included on the prior version. This includes fields that enable applicants to submit information about multiple, non-specific, or roving worksites by allowing “No One Specific Worksite” to be indicated and providing room for further information in an “Other Definable Geographic Areas” section. Additional worksites may be added if they are located within the same Metropolitan Statistical Area.  Multiple work sites, if applicable, will have to be listed in the prevailing wage determination.

While the new Form 9089 is intended to streamline the PERM application filing process, we anticipate that there may be technical issues during the transition period.  T&S will provide future Alerts if there are additional important developments that affect the transition of the PERM filing process.

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