May 26, 2023, OFLC announces case technical guidance for case submission of the Form ETA 9089

Filers have been able to use the case creation functionality in the PERM module in the Foreign Labor Access Gateway (FLAG) since April 24, 2023. During the time that functionality has been available, OFLC has received and reviewed numerous help desk inquiries pertaining to the filing of the revised version of Form ETA 9089. As a reminder, OFLC does not provide case-specific guidance on the filing procedures. Each case has its own specific requirements and circumstances. OFLC strongly encourages all applicants to review the PERM regulations, the frequently asked questions (FAQs), and the Instructions to the Form ETA 9089 for general guidance. OFLC will continue to review received Help Desk inquiries and will provide additional guidance in the form of new FAQs. OFLC has identified one question which has been so commonly received we believe it should be addressed prior to the PERM module in FLAG being fully deployed to prevent confusion when filers try to submit PERM applications.

Q: I’m filling out work experience in Appendix A.E - Foreign Worker Work Experience. What should I enter for the 'end date' when the worker is presently working for the employer?
A: You can enter the current month and year for when you’re completing the application. Make sure to select "Yes" to question 1.j. Present.