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 updates on the USCIS’s latest guidance on I-9 compliance, immigration-related proposals the House of Representatives is considering, updated guidance for Afghans and Iraqis seeking special immigrant classification, and more! I-9 Compliance: Employers Must Update Previously Accepted Expired List B Documents by July 31, 2022 U.S. Citizenship and Immigration Services (USCIS) reminds employers that the temporary flexibility related to accepting expired List B documents for Form I-9 employment eligibility verification purposes during the COVID-19 pandemic ended on May 1, 2022. Additionally, if a current employee presented an expired List B document between May 1, 2020, and April 30, 2022 when the flexibility was in place, employers must update their I-9 forms by July 31, 2022. Details: USCIS announcement, July 6, 2022, https://www.uscis.gov/i-9-central/form-i-9-related-news/reminder-dhs-ended-covid-19-temporary-policy-for-expired-list-b-identity-documents Back to Top House Updates: STEM Measure Fails, ‘Documented Dreamers’ Advances Several immigration-related proposals were among more than a thousand amendments proposed for the House of Representatives’ Rules Committee to consider as additions to the annual National Defense Authorization Act (H.R. 7900): A measure to streamline the path to a green card for immigrants with doctorates in science, technology, engineering, and mathematics (STEM) fields failed as the Rules Committee deemed it “out of order” for […]

Immigration Update

In this edition, find the latest news on a district court upholding an extension for STEM-related Optional Practical Training, a Fifth Circuit Court of Appeals ruling declaring DACA illegal, the latest USCIS policy guidance on the EB-5 Reform and Integrity Act, and more. Optional Practical Training, STEM Extension Upheld by Court On October 4, 2022, the U.S. Court of Appeals for the District of Columbia affirmed the judgment of the district court sustaining the Department of Homeland Security’s (DHS) current Optional Practical Training (OPT) rule’s authorization of a limited period of post-coursework OPT, if recommended and overseen by the school and approved by DHS, for qualifying students on F-1 visas. OPT includes an extension for students in science, technology, engineering, or mathematics (STEM) fields of an additional 24 months beyond the OPT period of 12 months. Among other things, the court held that authorizing foreign students to engage in limited periods of employment for practical training as their schools recommend according to the terms set out in the rule is a valid exercise of DHS’s authority. The court also noted that “practical training not only enhances the educational worth of a degree program, but often is essential to students’ ability […]