Categories: Business Immigration, Labor Certification (Permanent)

The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) recently encountered a technical issue with the PERM program’s Certification Approval Appendix on the FLAG system. This notice provides critical updates for employers and practitioners handling PERM certifications.

Issue Overview

On July 26, 2024, the OFLC identified that the Certification Approval Appendix for the PERM program was displaying incorrect data in the Job Title field. Specifically, the FLAG system was pulling data from the wrong form field during the generation of the ETA Form 9089 Final Determination. Instead of reflecting the employer’s job title, the field displayed the Standard Occupational Classification (SOC) Occupational Title.

The DOL’s technology office promptly addressed the issue. All certifications issued from July 26th onwards will correctly display the employer’s job title.

Steps Taken to Resolve the Issue

Retroactive Corrections

The OFLC has committed to correcting all PERM certifications affected by this issue over the past month. A script will be executed early next week to amend the job title in the Final Determination forms for these cases.

Impact on I-140 Adjudications

The OFLC has communicated with the United States Citizenship and Immigration Services (USCIS) to ensure that this technical issue does not affect the adjudication of I-140 petitions. USCIS has confirmed that this minor change will not impact the adjudication process.

Employer Actions

Printing and Signing Final Determinations

Employers with PERM certifications issued by the FLAG system can continue to print and sign the Final Determination forms they have received and use them to support I-140 petitions. Alternatively, they may wait until the script runs and use the corrected Final Determination forms that will be available in the “Historical” sub-category under the 9089-application type in the FLAG dashboard.

Conclusion

While this technical issue may cause some inconvenience, the DOL and USCIS are working collaboratively to ensure minimal disruption in the certification and adjudication processes. Employers and practitioners should stay updated by checking for further notices on the FLAG Home Page and related communications.

For further assistance and legal support regarding the issue, please contact us at ALO. Our experienced team is here to help you navigate this complex process.

This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).