On April 21, 2023, the Department of Labor (DOL)’s Office of Foreign Labor Certification (OFLC) announced that after May 15, 2023, at 6:59 p.m. EST, they would no longer accept ETA-9089 applications via their legacy PERM Online System. Thereafter, all ETA-9089 applications must be filed using the DOL’s FLAG system, and OFLC will no longer accept the previous version of Form ETA-9089 either electronically or by mail.

To assist with the transition, OFLC announced that ETA-9089 filers may begin preparing applications in FLAG starting April 24, 2023. To familiarize stakeholders with the new ETA-9089 application, OFLC conducted two webinars prior to the announcement.

In addition to being hosted on a new platform, there are many updates in the new ETA-9089 form, including a general overhaul of the formatting and ordering of requested information. Some of the most notable updates include the following:

  • employee information has been moved to Appendix A instead of being incorporated in the primary section of the form;
  • the new form pulls information directly from the Prevailing Wage Determination issued within the FLAG system;
  • a question that specifically involves Kellogg language;
  • a place for employers to identify the number of employees at the PERM worksite; and
  • a place for employers to identify where the employee gained the qualifying experience with the qualifying skills.

Additionally, filing ETA-9089 on the FLAG system alleviates the need for employers to create a separate account on the legacy filing system to file applications.

The changes in the ETA-9089 form and the move to the FLAG platform marks a significant change in the preparation and filing of the application that is the basis for many employment-based green cards. How the anticipated and unanticipated consequences of the updates may impact the user experience and filing of these applications remains to be seen.

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Photo of Kathryn Schababerle ˘ Kathryn Schababerle ˘

Kathryn Schababerle is an assistant director in Greenberg Traurig’s Immigration & Compliance Practice.

˘ Not admitted to the practice of law.

Photo of Anna H. Morzy Anna H. Morzy

Anna H. Morzy has a comprehensive background in providing legal and policy guidance on fast-evolving immigration laws, regulations, and policies, and in the development and execution of complex, industry-tailored mobility programs.

With nearly 20 years of experience in her field, Anna has a

Anna H. Morzy has a comprehensive background in providing legal and policy guidance on fast-evolving immigration laws, regulations, and policies, and in the development and execution of complex, industry-tailored mobility programs.

With nearly 20 years of experience in her field, Anna has a deep understanding of immigration law and global mobility and their critical importance to businesses of all sizes and across varying industries. Her practice focuses on providing counsel to start-ups and established companies on the immigration compliance implications of expansions and mergers and acquisitions and on effective corporate mobility strategy. She provides comprehensive guidance for foreign national employees, evaluates and implements immigration policies, and seamlessly integrates effective mobility and compliance strategies with clients’ unique business models and goals.

Anna’s practice encompasses providing legal guidance on matters related to nonimmigrant visas, permanent residence, naturalization, compliance management and audit representation, EB-5 visas, E-Verify and I-9 programs, and ICE enforcement.

Anna also contributes significantly to the business and immigration community across Illinois. As a member of the Steering Committee of the Illinois Business Immigration Coalition, a former president of the Polish American Chamber of Commerce, and a board member of the Polish Museum of America, she regularly works with top political officials in Illinois to ensure awareness and integration of immigrant communities and businesses. She is a prominent advocate for issues related to U.S. immigration law and the importance of attracting foreign direct investment to Illinois via immigrant-owned businesses and investments.

In addition, Anna is actively involved in immigration policy development through her participation on committees such as the American Jewish Committee/Ford Foundation Immigration Advocacy Project. As a native of Poland, she is fluent in both English and Polish and is personally and professionally a prominent member of Chicago’s Polish community.