U.S. Citizenship and Immigration Services (USCIS) recently announced changes to Form I-140 filing procedures. These updates reflect the integration of the Department of Labor’s (DOL) Foreign Labor Application Gateway (FLAG) system and revised Form ETA-9089, effective June 1, 2023. This blog highlights the key changes and new requirements for employers and foreign workers filing Form I-140 petitions with permanent labor certifications, Schedule A applications or National Interest Waiver (NIW) requests.
What Is the FLAG System?
The FLAG system is a modernized platform for managing permanent labor certifications, introduced by the DOL in June 2023. It replaces previous processes and uses a new Form ETA-9089, which collects detailed job information, such as:
- Worksite locations.
- Telecommuting options.
- Foreign worker qualifications.
Employers filing Form ETA-9089 through FLAG receive electronic Final Determinations, simplifying the labor certification process.
New Filing Requirements for Form I-140
1. Permanent Labor Certifications
When filing Form I-140 with a permanent labor certification, employers must now include:
- A printed copy of the electronic Final Determination.
- Signatures from the DOL, employer, foreign worker, and the employer’s attorney or agent (if applicable).
USCIS will accept this printed Final Determination as an original document.
2. Schedule A Occupations
For Schedule A occupations, the Form I-140 petition must include:
- A completed, uncertified Form ETA-9089 with all appendices.
- A signed Final Determination.
- A valid prevailing wage determination tracking number.
3. National Interest Waiver (NIW) Requests
NIW requests must include:
- A copy of Form ETA-9089, Appendix A.
- A signed Final Determination.
What Hasn’t Changed?
The process for adjudicating Form I-140 petitions remains the same. USCIS and DOL now share data electronically, reducing the need for extensive paperwork. The FRN issued by USCIS clarifies new documentation requirements to align with the FLAG system.
Resources for Employers and Workers
For more details, visit the USCIS webpages on:
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
