The United States Citizenship and Immigration Services (USCIS) has recently updated the Form I-140 submission procedure for employers and foreign workers. This update introduces new requirements for the submission of labor certifications, particularly those processed through the Foreign Labor Application Gateway (FLAG) system. These updates ensure a smoother, more streamlined process for both employers and applicants, enhancing the accuracy and efficiency of immigration procedures.
Employers should be aware of the new documentation and procedural changes when filing Form I-140 petitions, especially for Schedule A occupations and National Interest Waiver (NIW) requests. Below, we break down the most significant changes and what they mean for your applications.
Key Changes to United States | Notice of Form I-140 Submission Procedures Updates
| Requirement | Details |
|---|---|
| Printed Copy of Final Determination | Employers must include a printed copy of the electronic Final Determination from the FLAG system. |
| Labor Certification | USCIS will consider the printed copy of the Final Determination as an original, approved labor certification. |
| Form I-140 for Schedule A Occupations | Must contain a completed, uncertified Form ETA-9089, all applicable appendices, and a signed Final Determination. |
| NIW Request with Form I-140 | Must include Form ETA-9089, Appendix A, and a signed Final Determination. |
| Form ETA-9089 & Prevailing Wage Determination | The Form ETA-9089 must include a valid prevailing wage determination tracking number. |
What Employers Need to Know
1. New Documentation Requirements for Labor Certification Approvals
If you are submitting a labor certification processed through the FLAG system, the updated procedure requires you to include a printed copy of the electronic Final Determination along with your Form I-140 petition. USCIS now considers this printed copy to be the official, approved labor certification, simplifying the approval process for applicants.
2. Schedule A Occupations and National Interest Waiver (NIW) Requests
Employers submitting Form I-140 petitions for Schedule A occupations or NIW requests must ensure that all documentation is complete. For Schedule A applications, a Form ETA-9089, along with all applicable appendices and a signed Final Determination, is required. If your petition involves a National Interest Waiver (NIW), the Form ETA-9089, Appendix A, and a signed Final Determination must be submitted as part of the I-140 filing.
3. Updates to the Form ETA-9089 for FLAG System
As of June 1, 2023, USCIS has been using the edition of Form ETA-9089 developed for the FLAG system. All petitions filed with permanent labor certification Final Determinations, Schedule A applications, or NIW requests must use the new version of this form. This includes all applicable appendices that accompany the form.
Additional Information
USCIS is continuing to process Form I-140 petitions filed with permanent labor certifications, Schedule A applications, and NIW requests under the newly implemented FLAG system procedures. These changes streamline the process and improve the accuracy of submissions, ensuring that employers and workers comply with the updated documentary requirements.
The United States | Notice of Form I-140 Submission Procedure Updates provides critical changes that affect employers and foreign workers submitting Form I-140 petitions. Employers should ensure they adhere to the new documentation requirements, especially when submitting labor certifications, Schedule A applications, or NIW requests. These updates are part of ongoing efforts to streamline the process and improve efficiency within U.S. immigration systems.
Popular Questions on the Form I-140 Submission Process
Q1: What is the new requirement for employers submitting labor certifications through the FLAG system?
Employers must now include a printed copy of the electronic Final Determination from the FLAG system with their Form I-140 petition. This copy will be considered the official, approved labor certification by USCIS.
Q2: Are there any changes to the Form ETA-9089 for Schedule A occupations?
Yes, for Schedule A occupations, employers must submit a completed Form ETA-9089, all relevant appendices, and a signed Final Determination along with their Form I-140 petition.
Q3: What if I am filing a National Interest Waiver (NIW) request with my Form I-140?
If filing a NIW request, you must submit Form ETA-9089, Appendix A, and a signed Final Determination as part of the petition.
Q4: How long has USCIS been implementing the FLAG system for labor certification?
USCIS has been implementing the FLAG system for adjudicating Form I-140 petitions since June 1, 2023. This system streamlines the processing of labor certifications, Schedule A applications, and NIW requests.
