
USCIS Updates I-140 Filing Requirements: Key Details for FLAG System and Supporting Documents
On January 13, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a Federal Register Notice (FRN) outlining updated procedures for submitting Form I-140, Immigrant Petition for Alien Workers. The update clarifies documentary requirements for petitions supported by a permanent labor certification (PERM), Schedule A designation, or a National Interest Waiver (NIW) request.
This notice does not change existing filing or adjudication processes. Instead, it provides specific guidance on how to submit required documents under the Foreign Labor Application Gateway (FLAG) system to ensure compliance and avoid delays. Below is a summary of the key updates and what they mean for petitioners.
Background: FLAG System and Final Determination Documents
Since June 1, 2023, the U.S. Department of Labor (DOL) has required permanent labor certifications (PERM) to be filed through the Foreign Labor Application Gateway (FLAG) system. This system introduced a revised Form ETA-9089, which collects more detailed information about:
- Worksite locations,
- Telecommuting options, and
- The foreign worker’s qualifications.
When a PERM application is approved, the DOL issues an electronic Final Determination document, which serves as proof of labor certification approval.
The recent FRN clarifies how to properly submit the Final Determination and other documents required for I-140 filings.
Clarified I-140 Filing Requirements
The FRN outlines the following requirements for filing I-140 petitions:
- PERM (Permanent Labor Certification) Filings:
- A printed and signed copy of the DOL-issued Final Determination must be submitted with the I-140 petition as evidence of a permanent labor certification approval.
- This document must include signatures from the DOL, the employer, the foreign national, and the attorney or agent (if applicable).
- Schedule A Designation Filings:
- For Schedule A occupations, such as certain healthcare professions that are exempt from labor certification requirements, petitioners must submit a completed, uncertified Form ETA-9089 and include:
- A valid prevailing wage determination tracking number in Section E, Item 1.
- For Schedule A occupations, such as certain healthcare professions that are exempt from labor certification requirements, petitioners must submit a completed, uncertified Form ETA-9089 and include:
- NIW (National Interest Waiver) Filings:
- NIW petitions must include a copy of the Form ETA-9089 and Appendix A, as well as a signed Final Determination issued by the DOL.
Why This Update Matters
The FLAG system and the updated ETA-9089 form have been in place since 2023. However, this FRN clarifies the documentary requirements for submitting I-140 petitions. Specifically:
- Petitioners must ensure that all required documents are properly prepared, signed, and submitted, including the Final Determination issued by the DOL.
- Failure to include these documents or to meet the specified requirements could result in processing delays or denials.
This update is intended to help petitioners and employers understand the submission requirements more clearly, ensuring smoother and more efficient adjudication.
Checklist: Required Documents for I-140 Petitions
To meet the latest filing requirements, petitioners should include the following documents with their I-140 submissions:
- A printed copy of the DOL-issued Final Determination, with all required signatures;
- A completed Form ETA-9089, as applicable (e.g., for Schedule A or NIW filings);
- A valid prevailing wage determination tracking number (for Schedule A filings).
For additional details, refer to the official USCIS resources:
- I-140 Petition Filing and Processing Procedures
- Checklist of Required Initial Evidence for Form I-140
For more information, visit the USCIS website or download the latest ETA-9089 form.
Related Reading: Major Changes to Form I-485: Submission Guidelines for 2025