OFLC Posts ‘Unofficial’ Form ETA-9089 Preview Copy

May 1, 2023 | Immigration Updates

After the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced on April 21, 2023, that it will begin accepting the revised Form ETA-9089, Application for Permanent Employment Certification, in the Foreign Labor Application Gateway (FLAG) system on May 16, 2023, OFLC posted an “unofficial watermarked preview copy” of the form “to allow stakeholders to become familiar with changes to the form.” 

OFLC will no longer accept any new applications submitted via the legacy PERM Online System after May 15, 2023, at 6:59 pm ET. OFLC also will no longer accept the previous version of Form ETA-9089 after May 15, 2023, either electronically or by mail. 

OFLC said that the preview copy of the form and appendices are for informational purposes only. “These versions of the form and appendices may not be submitted to OFLC at any time; any submission to OFLC using these forms will be rejected.” OFLC said it will post on its Forms page (https://www.dol.gov/agencies/eta/foreign-labor/forms) the official, fillable PDF versions of the Form ETA-9089 and its appendices on May 16, 2023. 

Details: 

Related Posts:

Immigration Update

In this edition, find the latest news on the April Visa Bulletin, COVID-19 flexibilities, the H-1B electronic registration selection process, and more!  April Visa Bulletin Shows Worldwide EB-4 Backlog of 5+ Years, EB-2 Retrogression EB-5 Backlog DOS is no longer including a separate column covering applicants chargeable to El Salvador, Guatemala, or Honduras in the charts titled, “Final Action Dates for Employment-Based Preference Cases” and “Dates for Filing of Employment-Based Visa Applications,” for applicants who are seeking an immigrant visa in the EB-4 category. Final action and filing dates for applicants from these three countries are now provided in the column headed “All Chargeability Areas Except Those Listed.”  Previously, DOS was applying the per-country limit to the EB-4 subcategory, which made the “North Central American” (NCA) countries of El Salvador, Guatemala, and Honduras oversubscribed, but preserved religious worker priority dates as “current” for all other chargeability areas. DOS has now announced that it interprets the limit to apply to the family/employment-based system as a whole and not within each category. In other words, because the NCA countries are not oversubscribed in the total family/employment system, DOS cannot set a cutoff for them separately within the EB-4 category.  EB-2 Retrogression  EB-2 […]

Breaking Immigration News for Employers

Annual Limit Reached in the EB-3 and EW Categories All legally available visas in the EB-3 (3rd preference) and EW (Other Workers) categories for FY 2024 have been issued.  Embassies and consulates should have been allocated enough numbers for all applicants which were scheduled by NVC for their initial interview during the month of August or September.  The fact that the annual limit has been reached means that those posts cannot request additional numbers which may have been required to process “comeback” cases from previous months. The Department of State characterizes this milestone as having facilitated travel including for healthcare workers, for example Schedule A Nurses.  Practically speaking, Schedule A Nurses likely contributed in large part to the demand for EB-3 Immigrant Visas causing the limit to be reached already.  Annual limits will reset on October 1, 2024 (start of FY 2025), at which time embassies and consulates, and USCIS may resume issuing EB-3 and EW visas to qualified applicants under the FY 2025 annual limits. Charlie Oppenheim, Director of Visa Consulting at WR and retired Visa Chief of the Department of State, clarifies that the FY 2024 visa limit being reached won’t affect applicants who were scheduled for their initial August or September […]