Legacy PERM System Decommission Date: December 1, 2024

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Key Takeaways

The legacy Permanent Online System (PERM) will shut down on December 1, 2024, transitioning to the FLAG system.
Transition to FLAG offers efficiency but requires more detailed application preparation and coordination with immigration experts.
Processing times remain lengthy; alternative visa pathways may offer quicker permanent residency without relying on PERM/FLAG.

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has announced a significant change. The legacy Permanent Online System (PERM) will be fully shut down on December 1, 2024. This shift affects many employers, immigration lawyers, and foreign nationals who have depended on this system for permanent labor certification applications. As this deadline draws near, it’s critical for everyone involved to understand what this change means and take the necessary steps to prepare.

Background: Understanding the Legacy PERM System

Legacy PERM System Decommission Date: December 1, 2024

For years, the Permanent Labor Certification (PERM) process has been a vital step for U.S. employers hiring foreign workers for permanent positions. Employers must show there are no available U.S. workers for the job and that hiring a foreign worker will not negatively affect U.S. workers’ wages and work conditions. The legacy PERM system provided a platform for submitting these labor certification applications. Users could upload documents, ask for reviews, and handle active applications through it. However, as technology advanced, there arose a need for a more advanced and efficient system to manage the growing number of applications.

Shift to the FLAG System

In response, the OFLC launched the Foreign Labor Application Gateway (FLAG) system in June 2023. FLAG aims to simplify the application process with features like auto-filling data from wage determinations and better tracking tools. Since its introduction, all new PERM applications must be submitted through FLAG, using the redesigned Form ETA 9089. The legacy PERM system was kept running alongside FLAG for some time, allowing users with ongoing applications in the old system to wrap them up.

Important Dates and Required Actions

To ensure a smooth transition, stakeholders should note these key dates and actions:

November 30, 2024, 7:00 PM EST: This is the last moment users can make changes within the legacy system. After this, document uploads or case requests won’t be possible through the platform.
December 1, 2024: The legacy PERM system will be fully shut down. Users trying to access it will be directed to the FLAG system portal.

If any applications remain pending in the legacy system after November 30, 2024, the OFLC will still process those cases. But, stakeholders will need to send any new document submissions via email to the OFLC’s PLC Help Desk. All documents should be PDFs named with the corresponding case number and document title.

The Impact of Decommissioning

The end of the legacy PERM system offers both advantages and challenges for those navigating the labor certification process:

Increased Efficiency: The FLAG system boasts several enhancements. It works with prevailing wage determinations from the National Prevailing Wage Center (NPWC) for quicker data entry and fewer errors from manual input. Plus, FLAG has improved tracking tools, allowing employers to monitor application statuses closely.
More Preparation Time Required: While FLAG streamlines the process, it introduces new fields needing more detailed employer information. This may lengthen application preparation times compared to the legacy system. Employers should collaborate with immigration experts to ensure they have sufficient time to accurately complete applications.
Pending Applications: As of October 2024, only three PERM applications were still pending in the legacy system, demonstrating significant progress in transitioning cases to FLAG. Still, employers with pending cases must collect all necessary documents before November 30 to avoid losing permanent access.

Handling Processing Times

Even with technological advancements, processing times remain a challenge for many:

By October 2024, prevailing wage determinations for standard Occupational Employment Statistics (OES) wages filed in April 2024 were taking around six months.
For non-OES wages requiring private wage surveys filed in May 2024, the processing times were similar.
The Department of Labor (DOL) was handling PERM applications filed in August 2023 within an average of about 430 days. Audited cases took slightly longer—around 453 days on average—while reconsideration requests from April 2023 continued under review.

These processing times illustrate why employers must meticulously plan the labor certification process. Any delays could have significant effects on foreign workers waiting for permanent residency approval while trying to maintain valid visa status.

Exploring Other Paths

Due to extended processing times and possible delays transitioning between systems like PERM and FLAG, some employers might look at alternative pathways for permanent residency for foreign employees:

EB-1C Visa: This visa category is for multinational managers or executives who worked abroad for at least one year in a managerial or executive role within the three years before their petition date. It avoids many traditional PERM-based green card process requirements.
Other Employment-Based Visa Options: Depending on factors like qualifications or specific country quotas (such as EB-2 National Interest Waivers), other employment-based categories might offer quicker paths to permanent residency without needing labor certification via PERM or FLAG.

Conclusion and Preparing for Change

The end of the legacy PERM system on December 1, 2024, is a big step toward modernizing U.S. labor certification. Although this transition presents challenges—such as more preparation time and managing ongoing cases—it also provides opportunities through the efficiencies of new technologies like FLAG. Employers should promptly get any necessary documents from their accounts before November’s end and get familiar with how to best use FLAG for future applications.

For further information about labor standards, visit the U.S. Department of Labor. As reported by VisaVerge.com, staying informed about developments and understanding their impacts is crucial for all involved parties. While this article aims to inform, it is recommended to consult professional legal advice for specific cases to ensure compliance and smooth transitions.

Learn Today

OFLC: U.S. Department of Labor’s Office that oversees Foreign Labor Certification and manages labor-related immigration processes.
PERM: A process where U.S. employers demonstrate no available U.S. workers exist before hiring foreign employees for permanent roles.
FLAG: Foreign Labor Application Gateway, the newer system replacing the legacy PERM platform for handling labor certification applications.
Prevailing Wage Determinations: Assessments by the National Prevailing Wage Center determining standard wages for specific job roles in given locations.
EB-1C Visa: Visa category for multinational managers or executives enabling bypass of standard PERM requirements for U.S. permanent residency.

This Article in a Nutshell

The U.S. Department of Labor’s PERM system is retiring by December 1, 2024. Transition to the efficient FLAG system is crucial for employers and immigration lawyers. While integrating new features, stakeholders must adapt quickly. This change streamlines processes, demanding proactive preparation to ensure seamless compliance and maintain competitive hiring advantages.
— By VisaVerge.com