The Department of Labor (DOL) has recently undertaken a “PERM Modernization” program in which they are migrating to a new, more streamlined, digital platform where PERM applications will now be prepared and submitted. This new platform (the Foreign Labor Application Gateway or “FLAG”) is a consolidated location for all PERM related filings (including Prevailing Wage Determination requests (PWDs)) and will allow these various forms to speak to one another and pull data from one another to minimize manual data entry, expedite the preparation of applications, and ensure consistency of information across various application forms for the same case.
At the same time the DOL migrated PERMs to the new platform, they also rolled out a new, updated, PERM application form (Form ETA 9089). The stated purpose of the new form is to streamline and standardize information collection for employers, as well as introduce greater efficiency and transparency into the DOL’s review of PERM applications. This new form became mandatory on June 1, 2023, and, the DOL has indicated that, initially, they will be prioritizing adjudicating PERMs pending on the old platform before turning to applications submitted under the new FLAG platform and they have stated that, as a result, processing for cases submitted in FLAG may take longer than usual and may not start until next year.
In addition, while there have been no substantive changes to the rules and regulations governing the PERM process, the new version of the Form 9089 involves a significant restructuring of the form and the DOL has yet to provide any guidance or instructions for how to complete some of these newly restructured sections. In addition, the new form requires employers and sponsored foreign nationals to provide more details than were previously required. These changes are likely to result in additional processing and adjudication delays for PERMs submitted in the FLAG system, as well as an increased risk of PERM audit given the newness of the Form and the lack of DOL guidance on how to properly complete certain sections contained in the new version of the form.