OFLC: Form ETA-9089 Case Creation, Submission Available Soon in FLAG

The Department of Labor’s Office of 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. Filers may begin creating and staging applications on April 24, 2023.

As a result of the transition to the revised version of the form and the transition to FLAG, 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 it will make recordings of several webinars on this topic available shortly.

SOURCE: ABIL Immigration Insider, April 23, 2023; and https://www.dol.gov/agencies/eta/foreign-labor


USCIS Extends Temporary Suspension of Biometrics for Certain Form I-539 Applicants

U.S. Citizenship and Immigration Services (USCIS) announced on April 19, 2023, that it has extended through September 30, 2023, the temporary suspension of the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status. The previously announced suspension was in place until May 17, 2023.

USCIS said it will allow adjudications for the specified categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. However, the agency said it retains discretion, on a case-by-case basis, to require biometrics for any applicant.

Form I-539 applicants meeting the biometrics suspension criteria are not required to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee but will reject paper Form I-539 applications if the applicant meets the above criteria and submits a single payment covering both the filing fee and the $85 biometrics services fee.

USCIS said it plans to establish a permanent biometrics exemption for all Form I-539 applicants in the coming months.

SOURCE: ABIL Immigration Insider, April 23, 2023; and https://www.uscis.gov/newsroom/alerts/uscis-extends-temporary-suspension-of-biometrics-submission-for-certain-form-i-539-applicants

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