Business Immigration & Regulatory Compliance
On June 30, 2026, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) deployed administrative updates to the Foreign Labor Application Gateway (FLAG) system.
These technical enhancements target two specific operational friction points: Prevailing Wage Determinations (Form ETA-9141) and Commonwealth Only Transitional Worker (CW-1) applications.
1. Multiple RFI Responses for Prevailing Wage Filings
Overview of Update:
Previously, when the National Prevailing Wage Center (NPWC) issued a Request for Information (RFI) on a pending Form ETA-9141, the FLAG portal automatically disabled the “Respond to RFI” link once the initial submission was completed. If the NPWC issued a secondary or follow-up RFI on the same case, filers were forced to rely on off-portal workarounds, leading to administrative delays.
Under the update, the RFI response action remains active and accessible for any subsequent RFIs issued on a single case.
Key Benefits for Employers & Legal Teams
- Elimination of Administrative Bottlenecks: Multi-stage inquiries—such as secondary requests for private wage survey documentation or expanded job duties—can now be addressed directly through the portal without external intervention.
- Consolidated Digital Audit Trail: All uploaded exhibits, rebuttals, and agency communications remain tied to the master case history within FLAG, lowering the risk of lost documentation during prevailing wage reviews.
2. In-Portal Extension Requests for CW-1 Filers
Update:
Employers sponsoring foreign talent in the Commonwealth of the Northern Mariana Islands (CNMI) under the CW-1 visa program frequently navigate tight statutory deadlines. CW-1 employers and their legal representatives can now request deadline extensions directly through FLAG for both Recruitment Reports and Notices of Deficiency (NOD).
These self-service extension actions remain dynamically available within the portal up until the specific due date of the filing.
Key Benefits for Employers & Legal Teams
- Streamlined Delay Management: If recruitment efforts require extra advertising time or complex deficiency responses need additional evidence, extension requests can be lodged instantly within the system.
- Strict Statutory Alignment: Because the extension action automatically expires after the due date passes, case managers have a clear digital deadline to lodge requests before facing potential case denial.
Employer Implementation Steps:
To capitalize on these updates and keep filings moving smoothly, immigration practice groups and HR teams should consider the following steps:
- Audit Active Form ETA-9141 Applications: Review cases with open or complex prevailing wage queries to ensure all follow-up RFIs are handled via the expanded FLAG workflow.
- Monitor CW-1 Timelines closely: Leverage the in-portal extension button for CW-1 recruitment or NOD responses early, ensuring requests are filed well before midnight on the statutory due date.
- Update Internal Filing SOPs: Adjust internal case management procedures and paralegal workflows to reflect direct portal submissions for multi-RFI responses and CW-1 extension requests.
Conclusion
The DOL’s FLAG system updates significantly reduce administrative friction by enabling direct in-portal management for secondary RFIs and CW-1 extensions. By updating internal SOPs to leverage these features, legal and HR teams can eliminate off-portal delays, maintain clear digital audit trails, and keep business immigration filings moving smoothly.
Immigration Fleet Law Firm