After May 31, permanent labor certification applications (PERM) will no longer be accepted through the Department of Labor’s (DOL’s) legacy PERM portal. As of June 1, the DOL will require employers to file PERM applications through the Foreign Labor Application Gateway (FLAG) system. This is also used for Prevailing Wage Determination requests and nonimmigrant Labor Condition Applications (LCAs). The FLAG system was developed as part of the DOL’s technology modernization initiative. This is aimed at improving the administration of foreign labor certification programs. Keep reading to learn about the new FLAG-based PERM application form and discover how a proficient Middlesex County, New Jersey Business Immigration Lawyer can help you.
What is a PERM application?
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. Before U.S. employers can file an immigration petition with the United States Citizenship and Immigration Services (USCIS) they must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). Through this process, the DOL certifies to USCIS that they need to hire foreign workers as there are not sufficient U.S. workers qualified, willing, and available to accept the job opportunity in a specific field. Additionally, it verifies that hiring foreign workers will not affect U.S. workers’ wages and working conditions. To be eligible to apply, employers must have a valid Federal Employment Identification Number (FEIN) and a prevailing wage determination for the job opportunity.
What is the new FLAG system?
As mentioned above, the Foreign Labor Application Gateway (FLAG) system is a newly modernized portal aimed at helping U.S. employers acquire qualified workers. With this new cloud-based system, employers must create a FLAG account. Once you have successfully created an account, you can log into the FLAG gateway and begin the application process.
It is critical to note that although all online PERM labor certifications must be submitted through the FLAG system as of June 1, PERM applications that have already been submitted before this date will be processed through that system. The DOL will begin adjudicating new PERM applications filed in the FLAG system. However, this is until USCIS adjudicates cases pending in the legacy PERM portal. Therefore, any applications filed after June 1 will likely take longer to process. Also as an alternative, employers are permitted to mail in their applications. However, online PERM applications streamline the process.
For more information on the new FLAG-based PERM application, contact a talented lawyer from the Law Offices of Aditya Surti, LLC. Our firm can help keep you informed and guide you through this legal process.
