Understanding FLAG System Changes

The FLAG system PERM filing transition fundamentally changed how employers submit labor certifications. On June 1, 2023, DOL migrated from legacy PERM Online System to Foreign Labor Application Gateway, simultaneously releasing revised Form ETA-9089. This revised form includes base application plus four appendices addressing job requirements, foreign worker training, work experience, and employers' business information.

The new structure eliminates minimum job requirement questions from main ETA-9089, moving them to Form ETA-9141 prevailing wage determination submissions. This separation creates potential ETA-9089 errors when employers fail to maintain consistency between PWD specifications and actual job offers. Discrepancies between forms trigger audits or denials even when individual documents appear correct in isolation.

FLAG prevailing wage linking represents major technical challenge. System automatically populates employer information, attorney details, wage source, and job offer information from linked PWDs. However, linking failures occur frequently when different users or accounts filed PWD versus ETA-9089, requiring manual fourteen-digit case number entry prone to transcription errors.

Beyond Border navigates FLAG system complexities ensuring proper PWD linking, complete form submission, and error-free documentation avoiding common technical pitfalls causing delays.

Critical Section-Specific Errors

Section A employer information errors particularly focus on Question 14 asking for employee count in area of intended employment. ETA-9089 common mistakes involve reporting total company employees rather than specific location headcount. This seemingly minor distinction affects DOL's labor market analysis and audit selection algorithms. Incorrect counts trigger verification requests delaying processing months.

Section D foreign worker information requires careful attention to multiple new questions. Employers must indicate if foreign worker currently works for petitioner, employment start date if applicable, and whether position requires professional license. Missing or inconsistent responses between Section D and Appendix C work experience details create red flags. DOL cross-references foreign worker data across sections looking for discrepancies suggesting application manipulation.

Section H recruitment information includes critical Notice of Filing subsection where employers must check ALL applicable boxes. PERM submission errors frequently involve checking only electronic notice boxes while physical posting remains mandatory. Since regulations haven't changed despite system transition, Box 1b for physical Notice of Filing should always be checked. Failing to check this box suggests incomplete recruitment even when actual posting occurred.

Beyond Border implements section-by-section review protocols catching question-specific errors before submission preventing denials based on incomplete or inconsistent information.

Prevailing Wage Determination Linking Issues

FLAG prevailing wage linking problems cause substantial ETA-9089 errors. When PWD and ETA-9089 filed by same user within same FLAG network, automatic linking generally works. However, employers frequently change immigration attorneys, merge with other companies, or reassign HR personnel between PWD filing and PERM submission. These scenarios break automatic linking, requiring manual intervention.

Manual PWD linking demands exact fourteen-digit case number entry beginning with "P-" prefix. Transcription mistakes in single digits prevent proper linking, causing system to reject submission or create new applications without wage validation. Expired PWDs create additional complications. While FLAG displays warnings about expired wage determinations, applications may still be accepted within grace periods following system outages like October 2025 shutdown.

The October 2025 federal funding lapse shut FLAG from October 1 through November 2, causing thousands of PWDs and recruitment efforts to expire. DOL granted 33-day extension allowing submissions with expired items dated during shutdown period. However, employers must document grace period eligibility and maintain evidence if denial occurs requiring reconsideration requests.

Beyond Border manages complex PWD linking scenarios including cross-network transfers, expired determinations, and grace period qualifications ensuring proper wage validation without submission rejections.

Recruitment Documentation Pitfalls

ETA-9089 recruitment documentation errors represent most common audit triggers. Employers must detail exact recruitment steps including advertisement dates, publications used, and results. Common mistakes include vague descriptions like "posted on company website" without specific URLs or dates. DOL demands precision allowing verification of compliance with regulatory requirements.

Professional occupation recruitment requires two Sunday newspaper advertisements, 30-day job order, internal posting, and three additional recruitment steps from ten options. Failing to document all steps comprehensively leads to audit requests or outright denials. Each recruitment method needs detailed evidence including copies of advertisements, proof of publication dates, applicant logs, and rejection justifications.

Section H.10-B alternate occupation title historically caused numerous denials. Employers referencing Section H.14 special skills instead of listing specific alternate occupations triggered rejections. While DOL stopped issuing denials on this basis for applications filed before May 30, 2023, understanding proper completion remains critical for current filings. Alternate occupations must be specific job titles from O*NET database, not general skill descriptions.

Beyond Border develops comprehensive recruitment documentation packages with detailed evidence for each step preventing audit requests and providing complete record supporting labor market test validity.

Preventing Common Submission Mistakes

ETA-9089 denial prevention starts with understanding regulatory prohibition on modifications. Under 20 CFR 656.11(b), employers cannot modify applications after submission. Even obvious typographical errors like transposing prevailing wage from $10.14 to $10.04 per hour cannot be corrected, leading to denials. This "harmless error" doctrine elimination means pre-submission accuracy becomes absolutely critical.

Incomplete applications face automatic denial under 20 CFR 656.17(a). All required fields must contain accurate information. Leaving optional fields blank when information exists creates compliance questions. Warning messages in FLAG system during form completion don't represent hard stops, but they indicate potential issues deserving careful review before proceeding.

Five-year document retention requirement applies from PERM filing date. Employers must maintain recruitment records, business legitimacy documentation, wage determination materials, and all supporting evidence. DOL audits occur randomly or based on triggers, and failure to provide requested documentation within response period results in denial. Organized recordkeeping systems prevent scrambling during audits.

Beyond Border implements multi-layer review processes catching errors before submission while maintaining comprehensive documentation files supporting audit responses if selected for additional scrutiny.‍

Frequently Asked Questions

What happens if I enter wrong prevailing wage amount? Applications are denied since DOL prohibits modifications after submission under 20 CFR 656.11(b) even for obvious typographical errors, requiring complete refiling with correct information.

Can I link PWD filed by previous attorney? Yes, using manual linking option by entering exact fourteen-digit PWD case number, though automatic linking only works within same FLAG network requiring careful validation.

How many employees should I list in Section A Question 14? List only employees working in the specific area of intended employment, not total company employees nationwide or globally, as this affects labor market analysis.

What if FLAG shows expired PWD warning? Applications may still be accepted within grace periods following system outages, but document circumstances carefully for potential reconsideration if denial occurs based on expiration.

Must I always check physical Notice of Filing box? Yes, Box 1b in Section H should always be checked since physical Notice of Filing remains mandatory requirement despite electronic posting options added by FLAG system.