DOL FLAG (Foreign Labor Application Gateway): A Guide for EB-3 Workers

DOL FLAG (the Foreign Labor Application Gateway) is the U.S. Department of Labor’s online system for foreign labor certification. Found at flag.dol.gov, it is where your employer, or its attorney, files the prevailing wage request and the PERM application that starts an EB-3 green card.

You will not file anything in FLAG yourself. But your case lives there for the first year or more of the process, and several FLAG tools are free and open to the public. This guide explains what FLAG is, what gets filed there, who uses it, and how you can use it to follow your case and protect yourself.

DOL FLAG at a Glance

Full name	Foreign Labor Application Gateway (FLAG)
Run by	U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC)
Website	flag.dol.gov
What it replaced	DOL’s older iCERT system, and the separate older PERM online system
Who files	Employers, their attorneys and agents
Programs	PERM, prevailing wages, H-1B/H-1B1/E-3 labor condition applications, H-2A, H-2B, CW-1
EB-3 forms filed there	ETA-9141 (prevailing wage) and ETA-9089 (PERM)
Can workers file?	No
Public tools	Processing times, case status search, wage search, debarment list
Cost to the worker	Nothing. The employer must pay PERM costs.

What Is DOL FLAG?

FLAG is the case system DOL uses to handle labor certification. OFLC started building it in 2018 to replace its old iCERT system. Most programs moved over first: prevailing wages, H-2A, H-2B and H-1B labor condition applications.

PERM was the last big program to move. DOL’s release notes dated June 1, 2023 say employers could now submit the new Form ETA-9089 in FLAG, and that creating new 9089s in the old PERM online system was turned off. Since then, every new EB-3 PERM case has been filed in FLAG.

FLAG does more than accept forms. DOL also uses it to send questions to employers, run audits, and issue decisions electronically.

What Does “Labor Certification” Mean?

Labor certification is DOL’s check on two things before a foreign worker can be sponsored for a job:

1. There are not enough U.S. workers who are able, willing, qualified and available for the job.
2. Hiring a foreign worker will not lower wages or working conditions for U.S. workers in similar jobs.

For EB-3, this check is called PERM. Your employer must pass it before it can file the I-140 petition for you. Learn more on our PERM glossary page and our ETA Form 9089 guide.

Is FLAG the Same as PERM?

No. PERM is the process. It includes the prevailing wage, recruitment and DOL review. FLAG is the website where that process happens. The ETA-9089 is the main form inside it.

Is FLAG Part of USCIS?

No. FLAG belongs to the Department of Labor. Each agency in your EB-3 case uses its own system:

Agency	What it handles in EB-3	System
Department of Labor (DOL)	Prevailing wage, PERM	FLAG
USCIS	I-140, I-485, I-765	USCIS online account and case status
State Department	Visa bulletin, DS-260, interview	NVC / CEAC

If someone tells you to check your I-140 “in FLAG,” they are mixing up agencies. FLAG only covers the DOL steps.

What Gets Filed in FLAG

FLAG handles six programs. Only two of them are part of an EB-3 green card, but you may hear about the others.

• Prevailing wage (Form ETA-9141). This is step 1 of EB-3. Your employer asks DOL for the minimum wage it must pay for your job in your work area. See our ETA-9141 guide.
• PERM (Form ETA-9089). This is step 3 of EB-3. After recruiting for the job, your employer files the 9089 so DOL can certify it.
• H-2B. This is temporary, seasonal non-farm work, such as landscaping or hotel jobs. Many eb3.work readers start on H-2B. It is filed in the same system, but it is a different program. An H-2B certification does not lead to a green card on its own. An H-2B worker needs an employer to start a separate EB-3 case. See our guide to moving from H-2B to EB-3.
• H-2A. This is temporary farm work. It is also not a path to a green card by itself.
• LCA for H-1B, H-1B1 and E-3. These are skilled work visas. FLAG handles only the Labor Condition Application. The H-1B petition itself goes to USCIS.
• CW-1. This is a temporary worker program for the Commonwealth of the Northern Mariana Islands only.

The takeaway: for an EB-3 Other Workers case, FLAG is where your employer files the 9141 first, then the 9089.

Where FLAG Fits in the EB-3 Process

Here is the full EB-3 path. Steps 1 to 4 happen in FLAG.

1. Prevailing wage request (ETA-9141): in FLAG. DOL sets the minimum wage for the job.
2. Recruitment. Your employer advertises the job to U.S. workers. See the labor market test.
3. PERM application (ETA-9089) filed and reviewed: in FLAG. The filing date becomes your priority date.
4. Certification: in FLAG. DOL issues the certified 9089 (the Final Determination) through FLAG.
5. I-140 petition at USCIS. Your employer files it with the certified 9089. See our I-140 guide.
6. Priority date wait. You wait until your date is current in the visa bulletin.
7. Green card. Through the DS-260 and an interview abroad, or through an I-485 if you are already in the U.S.

The full process is currently approximately 48+ months from start to green card (see EB-3 visa processing times). The FLAG steps alone usually take well over a year. See the full EB-3 visa process for each step.

Who Uses FLAG (and Why You Can’t File in It)

FLAG is built for filers: employers, their attorneys and their agents. Each user signs in with a Login.gov account. Inside FLAG, filers see a dashboard with sections like My Account, My Cases and My Network, where they prepare forms and answer DOL.

Workers do not file in FLAG and do not need a FLAG account. The employer is the applicant in labor certification, not you. Your role is to give your employer or attorney accurate information and documents, and to sign the certified 9089 when it comes back.

This matters for your safety. If someone says you must “register in FLAG,” pay to “get into the DOL system,” or give them your passport to “open your FLAG case,” treat it as a warning sign.

Who pays for PERM? Under federal rules (20 CFR 656.12), an employer must not seek or receive payment of any kind for any activity related to getting labor certification. That covers the prevailing wage request, the job ads, recruitment and the employer’s attorney fees for PERM. The employer can’t charge you for them or take them out of your pay. You may pay for your own separate attorney if you choose. If anyone asks you to pay for the 9141, the 9089 or the PERM ads, stop and ask questions. See our EB-3 visa cost breakdown for what workers normally pay.

What to Ask Your Employer or Attorney

You can’t log in to FLAG, but you can ask for the details that let you follow your case:

• The FLAG case number for your PERM application (ETA-9089)
• The filing date of the 9089, which is your priority date

Keep these in a safe place. You will need the case number to use DOL’s public tools, and the filing date matters for the rest of your EB-3 case.

FLAG Tools You Can Use Yourself

FLAG is not only for filers. The FLAG home page links to several public tools. Here are the four that matter most for an EB-3 worker.

Processing Times

The FLAG processing times page shows which month of filings DOL is working on right now. As of the latest update:

• PERM Analyst Review: DOL is working on applications filed in December 2025, with an average of 336 calendar days (PERM figures as of October 5, 2026).
• PERM prevailing wage requests: DOL is working on requests received in June 2026 (as of September 30, 2026).

How to read it: find the month listed for your case type. If your employer filed after that month, your case is still in line. For example, a 9089 filed in March 2026 would still be waiting while DOL works on December 2025 filings.

DOL updates these numbers about once a month. For the full PERM timeline, including audits and a month-by-month example, see our guide to current PERM processing times.

Case Status Search

FLAG has a Case Status Search linked from its home page. It lets you look up a labor certification case on DOL’s own site instead of relying only on what someone tells you.

To use it, you will need the case number from your employer or attorney. If you can’t find your case, or the tool asks you to sign in, ask your employer’s attorney for a status update and a copy of the latest notice from DOL.

OFLC Wage Search

The OFLC Wage Search, linked from the FLAG home page under Wage Data, shows typical wages for a job in a specific area. DOL uses this kind of data when it sets the prevailing wage.

Use it as a sanity check. Your EB-3 wage must be at least the prevailing wage DOL sets for your job and location. If a job offer looks far below what the Wage Search shows for the same job and area, ask your employer how the wage was set.

Program Debarments List

DOL publishes a Program Debarments list of employers, labor contractors and agents that are banned from its labor certification programs for a period of time. It covers PERM, H-2A and H-2B. Each entry shows the name, location, start and end dates of the ban, and the violation.

Before you commit to a sponsor or a recruiter, search the list for their name. A name on the list doesn’t tell you everything, and a missing name isn’t a guarantee. But it takes one minute and can help you avoid a bad actor.

The other public tools on FLAG, like H-2A wage rates and wage data downloads, are mostly for employers.

What Happens When FLAG Goes Down

FLAG depends on DOL funding. When the federal government shut down on October 1, 2025, FLAG went offline. Employers couldn’t file new cases or answer DOL during that time.

On October 31, 2025, DOL announced it had resumed processing prevailing wage and labor certification requests, and that FLAG was available again. DOL warned that processing and response times could be longer than normal.

On November 5, 2025, OFLC announced relief for cases hurt by the shutdown:

• Response deadlines for OFLC letters due between October 1 and November 2, 2025 were extended by 33 calendar days automatically.
• If an employer’s PERM recruitment or prevailing wage determination expired during the shutdown, the employer could still use it during that same 33-day window.
• If a case was denied for that reason, the employer could ask for reconsideration.
• The relief did not change deadlines set by BALCA, the DOL appeals board.

What it means for you:

• An outage adds delay on top of normal processing times. It is one reason the PERM queue is long today.
• Your priority date doesn’t change because of an outage. It is still the date your employer filed the 9089.
• If your case was in process during October 2025, ask your employer whether any deadline was affected and how it was handled.

FLAG Login and Accounts: Quick Answers

Many people search for “FLAG login” or “DOL FLAG login.” Here is what you need to know:

• The login at flag.dol.gov is for filers. Employers, attorneys and agents sign in through Login.gov to prepare and submit cases.
• There is no worker account. You don’t need one, and you can’t file for yourself.
• Can’t log in? That is a problem for whoever filed your case. FLAG has its own FAQ, user guides and help desk for filers.
• Want to check your case? Use the public processing times page and case status search above, and ask your employer’s attorney.
• Never pay anyone who offers to “check FLAG for you” or “speed up” your case for a fee. Never share your Login.gov or email passwords with a recruiter.

Common Problems in FLAG Cases (and What to Ask Your Employer)

Most delays in the FLAG part of an EB-3 case come from a few common problems. You don’t control these steps, but you can ask good questions.

Wage Problems

The wage your employer offers must be at least the prevailing wage. Also, a prevailing wage determination has a validity period, and the 9089 must be filed while it is valid. Ask: “Is my offered wage at or above the prevailing wage, and was the 9089 filed before the wage determination expired?”

Recruitment Timing

Your employer must run its required job ads at least 30 days and no more than 180 days before filing the 9089 (20 CFR 656.17). If the timing is off, DOL can deny the case and the employer has to start recruitment again. Ask: “When did recruitment end, and when will the 9089 be filed?”

Audits

DOL can send an audit letter asking the employer to prove its recruitment or other details. An audit is not a denial, but it adds months. Ask: “Was my case audited? When is the response due, and was it sent?”

Mismatched Details

Your name, date of birth, job title or worksite must match across your passport, the 9089 and later forms like the I-140 and DS-260. Small errors can cause problems later. Ask: “Can I review my information before the 9089 is filed?” Check the spelling of your name against your passport.

Missed Deadlines After Approval

After DOL certifies the 9089, your employer has 180 calendar days to file the I-140 with USCIS (USCIS Policy Manual). If it misses this window, the certification expires and PERM has to start over, with a new priority date. Ask: “When was my 9089 certified, and when will the I-140 be filed?”

FLAG vs. Other Immigration Systems

Your EB-3 case moves through several government systems. Here is how FLAG compares.

System	Agency	What’s there	Can the worker log in?
FLAG	Department of Labor	ETA-9141 prevailing wage, ETA-9089 PERM	No (public tools only)
USCIS online account and case status	USCIS	I-140, I-485, I-765, I-131	Yes, for your own USCIS forms (I-485, I-765, I-131)
CEAC / NVC	State Department	DS-260, civil documents, interview scheduling	Yes, once your case reaches NVC
Visa bulletin	State Department	Monthly priority date cutoffs	Public, no login

FLAG is the first system your case touches. After the 9089 is certified, your case moves to USCIS and then to the State Department or back to USCIS for the green card.

Frequently Asked Questions

Ready to Start Your EB-3 Journey?

FLAG only matters once an employer agrees to sponsor you. The first step is finding a real job with a U.S. employer that is willing to file the prevailing wage request and PERM for you, and to pay for it.

Browse open roles on our EB-3 jobs list, and read the full EB-3 visa process so you know what happens after FLAG.

Sources

• U.S. Department of Labor, FLAG: Processing Times (PERM as of October 5, 2026; prevailing wages as of September 30, 2026)
• U.S. Department of Labor, FLAG: PERM Online Filing Release Notes 6/1/2023 (new 9089s submitted in FLAG; legacy PERM system closed to new filings)
• U.S. Department of Labor, FLAG: OFLC Has Resumed Application Processing (October 31, 2025)
• U.S. Department of Labor, OFLC: Announcements (November 5, 2025 notice on 33-day extensions after the shutdown)
• U.S. Department of Labor, OFLC: Program Debarments list (PERM, H-2A and H-2B debarments)
• eCFR: 20 CFR 656.12 (employer must not seek or receive payment for labor certification)
• USCIS: Policy Manual, Volume 6, Part E, Chapter 6 (180 days to file the I-140; priority date is the labor certification filing date)
• T&S Law: Following Restoration of FLAG Online Filing System, DOL Announces 33-Day Grace Period (summary of the 2025 outage, November 7, 2025)

This article is general information, not legal advice. Immigration rules change often. For advice about your own case, speak with a licensed immigration attorney.