PERM Labor Certification
Employer Recruitment Requirements & The FLAG System
A U.S. employer wishing to sponsor a foreign worker for a Green Card must complete the Labor Certification (PERM) process. The objective is to prove to the Department of Labor (DOL) that no willing and qualified American worker was denied the position.
⚠️ Employer Financial Responsibility
Strict Financial Rule: It is the sole responsibility of the employer to pay for all recruitment advertisements and associated legal fees for the PERM process. The foreign worker may not contribute financially to the labor certification costs in any way.
The Modernized Process: DOL FLAG System
As of June 1, 2023, the DOL transitioned all PERM applications to the Foreign Labor Application Gateway (FLAG). Below is the step-by-step procedure for employers.
Phase 1: Setup & Drafting
Step 1: Create FLAG Account Visit flag.dol.gov. Register using the employer’s official details.
Step 2: Complete Application Select “File New PERM Application.” Input critical data about the prevailing wage, recruitment efforts, and the foreign worker’s qualifications.
Step 3: Link Prevailing Wage Ensure your Prevailing Wage Determination (PWD) is linked correctly within the system before proceeding.
Phase 2: Filing & Review
Step 4: Review & Submit Carefully review all data. Once submitted, no changes can be made. A confirmation email will be sent immediately.
Step 5: Monitor Status Log in regularly. The status will move from “In Process” to either “Certified,” “Denied,” or “Audit.” Respond to any audit requests immediately.
Step 6: Certification Upon approval, the DOL issues a certified ETA-9089. This document must be signed and submitted to USCIS with the I-140 petition.
Recruitment: The Core Requirement
Before logging into FLAG, the employer must conduct a “good faith” test of the labor market. This is the most time-sensitive part of the process.
- ✅ Two Sunday Newspaper Ads
- ✅ State Workforce Agency Job Order (30 Days)
- ✅ Internal Notice of Filing
- ✅ 3 Additional Steps (for Professional Jobs)
The 30-Day “Cooling Off” Rule
Employers typically cannot submit the PERM application until 30 days after the last advertisement has run.
This allows ample time for U.S. workers to apply. All recruitment documents must be retained for 5 years in case of an audit.
Ensure PERM Compliance
One small error in the recruitment ads or FLAG form can lead to a denial. Trust Wang Law PLLC to manage your corporate immigration compliance.