3238 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices 

1 8 CFR 204.5(k)(4)(i), (l)(3)(i). 

2 8 CFR 204.5(k)(4)(ii). 

3 20 CFR 656.10(f). 

4 20 CFR 656.15(b). 

5 20 CFR 656.10(d) 

Estimated Number of Total Annual 

Responses: 2,172,611. 

Estimated Time per Response: 22 

minutes. 

Estimated Total Annual Burden 

Hours: 796,696. 

Type of Information Collection: ESTA 

website. 

Estimated Number of Respondents: 

12,311,462. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 12,311,462. 

Estimated Time per Response: 18 

minutes. 

Estimated Total Annual Burden 

Hours: 3,899,040. 

Dated: January 8, 2025. 

Seth D Renkema, 

Branch Chief, Economic Impact Analysis 

Branch, U.S. Customs and Border Protection. 

[FR Doc. 2025–00609 Filed 1–13–25; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2793–25; DHS Docket No. USCIS– 

2024–0018] 

Notice of DHS’s Requirement of the 

Permanent Labor Certification Final 

Determination for Form I–140 Petitions 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: The Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, is announcing 

updated procedures for submitting a 

Form I–140, Immigrant Petition for 

Alien Workers, accompanied by a 

permanent labor certification approval, 

application for Schedule A designation, 

or National Interest Waiver request 

following the U.S. Department of 

Labor’s implementation of the Foreign 

Labor Application Gateway system. 

DATES: This notice is applicable January 

14, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Charles L. Nimick, Chief, Business and 

Foreign Workers Division, Office of 

Policy and Strategy, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, 5900 Capital 

Gateway Drive, Camp Springs, MD 

20746; telephone 240–721–3000 (this is 

not a toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone numbers above via 

TTY by calling the toll-free Federal 

Information Relay Service at 1–877– 

889–5627 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: The 

Immigration and Nationality Act (INA), 

as amended, established employmentbased immigrant visa preference 

classifications. Specifically, section 

203(b) of the INA, 8 U.S.C. 1153(b), 

makes immigrant visas available to 

noncitizens who qualify under the 

following classifications: individuals 

with extraordinary ability, outstanding 

professors or researchers, and certain 

multinational executives and managers 

(EB–1) under section 203(b)(1) of the 

INA; individuals who are members of 

the professions with advanced degrees 

or of exceptional ability (EB–2) under 

section 203(b)(2) of the INA; and 

professionals, skilled workers, and other 

workers (EB–3) under section 203(b)(3) 

of the INA. 

Sections 204(a)(1)(E) and (F) of the 

INA, 8 U.S.C. 1154(a)(1)(E) and (F), 

require individuals or employers to file 

petitions with DHS when seeking 

classification under section 203(b)(1), 

(2), or (3) of the INA. These petitions are 

filed using Form I–140, Immigrant 

Petition for Alien Workers. 

Permanent Labor Certifications 

Section 212(a)(5)(A) of the INA, 8 

U.S.C. 1182(a)(5)(A), states that any 

alien who seeks to enter the United 

States for the purpose of performing 

skilled or unskilled labor is 

inadmissible, unless the Secretary of 

Labor has determined and certified to 

the Secretary of State and Secretary of 

Homeland Security that: 

• there are not sufficient workers who 

are able, willing, qualified (or equally 

qualified in the case of an alien 

described in clause (ii)), and available at 

the time of application for a visa and 

admission to the United States and at 

the place where the alien is to perform 

such skilled or unskilled labor; and 

• that the employment of such alien 

will not adversely affect the wages and 

working conditions of workers in the 

United States similarly employed. 

This provision also sets out special 

rules for certain members of the 

teaching profession and for individuals 

who have exceptional ability in the 

sciences or the arts. In addition, INA 

section 212(a)(5)(B), 8 U.S.C. 

1182(a)(5)(B), provides separate rules for 

the admission of unqualified 

physicians. 

Under INA section 212(a)(5)(D), 8 

U.S.C. 1182(a)(5)(D), the grounds of 

inadmissibility in paragraphs (A) and 

(B) apply to intending immigrants 

seeking admission or adjustment of 

status under the EB–2 and EB–3 

preference classifications. Accordingly, 

a Form I–140 petition filed under the 

EB–2 and EB–3 preference 

classifications must be accompanied by 

an approved permanent labor 

certification, an application for 

Schedule A designation,1 or a request 

for an exemption from the job offer/ 

permanent labor certification 

requirement, if such an exemption 

would be in the national interest 

(National Interest Waiver).2 Form I–140 

petitions for sheepherders filed under 

20 CFR 656.16 also do not need to be 

filed with a DOL-approved permanent 

labor certification. 

The PERM Labor Certification Process 

Prior to the Foreign Labor Application 

Gateway System 

Before the implementation of the new 

Foreign Labor Application Gateway 

(FLAG) system on June 1, 2023, when 

DOL approved a permanent labor 

certification application, DOL sent an 

original approved Form ETA–9089, 

Application for Permanent Employment 

Certification, and final determination 

and letter to the employer, or to the 

employer’s authorized attorney or agent, 

whichever is applicable. The employer 

was required to sign and retain a signed 

copy of the certified Form ETA–9089.3

The employer or its authorized attorney 

or agent then had to file a Form I–140 

petition with USCIS together with the 

original paper labor certification 

approval, any other supporting 

documentation, and the appropriate 

fees. 

Petitioners filing Form I–140 petitions 

for Schedule A occupations or with 

National Interest Waiver requests had to 

submit an uncertified Form ETA–750B 

(now discontinued), or the Form ETA– 

9089. In addition, Schedule A 

employers were required to submit a 

prevailing wage determination (Form 

ETA–9141) 4 and evidence that a notice 

of filing the Application for Permanent 

Employment Certification was provided 

to the bargaining representative or the 

employer’s employees.5

Transition of PERM to the New Form 

ETA–9089 and Foreign Labor 

Application Gateway System 

On Oct. 25, 2022, DOL received 

approval from the Office of Information 

and Regulatory Affairs within the Office 

of Management and Budget for the use 

of the revised Form ETA–9089, 

Application for Permanent Employment 


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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices 3239 

6See Notice of Office of Management and Budget 

Action, Oct. 25, 2022, https://www.reginfo.gov/ 

public/do/PRAOMBHistory?ombControlNumber=

1205-0451#. 

7Form ETA–9089—Appendix A: Foreign Worker 

Information; Form ETA–9089—Appendix B: 

Additional Worksite Information; Form ETA– 

9089—Appendix C: Supplemental Information; 

Form ETA–9089—Appendix D: Special 

Recruitment for College and University Teachers. 

See https://www.dol.gov/agencies/eta/foreign-labor/ 

forms. 

8See ‘‘NOTE: Form ETA–9089, Final 

Determination is for completion and submission 

ONLY when submitting Form I–140 to USCIS in 

support of a Schedule A or National Interest 

Waiver. When submitting the form to USCIS, please 

sign and submit a fully executed copy of page 2 

along with Form ETA–9089 and the appropriate 

appendices.’’ https://www.dol.gov/agencies/eta/ 

foreign-labor/forms (last visited on Nov. 14, 2024). 

9See April 11, 2023. OFLC Announces Technical 

Webinar on April 20, 2023, to Provide Stakeholders 

an Update to the Permanent Labor Certification 

(PERM) Program Modernization Process and April 

11, 2023. OFLC Announces Webinar on April 19, 

2023, to provide an overview of the Form ETA— 

9089; https://www.dol.gov/agencies/eta/foreignlabor/news (last visited Nov. 14, 2024). 

10See April 21, 2023. Office of Foreign Labor 

Certifications Announces Form ETA–9089 Case 

Creation and Case Submission in Foreign Labor 

Application Gateway, https://www.dol.gov/ 

agencies/eta/foreign-labor/news (last visited Nov. 

14, 2024). 

11May 11, 2023, Office of Foreign Labor 

Certification Postpones Date for Submitting Revised 

PERM and CW–1 Forms in the Foreign Labor 

Application Gateway to June 1, 2023; and May 26, 

2023, OFLC announces case submission for the 

Form ETA 9089 for PERM in FLAG on June 1, 2023, 

https://www.dol.gov/agencies/eta/foreign-labor/ 

news (last visited Nov. 14, 2024). 

12See Section E Job Opportunity and Wage 

Information Note; current Form ETA–9089— 

General Instructions, https://www.dol.gov/sites/ 

dolgov/files/ETA/oflc/pdfs/ETA9089%20General%20Instructions%20-%20508%20

Compliant%20-%20Expires%2010-31-2025.pdf 

(last visited Nov. 14, 2024). 

13Employers may obtain a copy of the final 

decisions from the Historical table in the My Cases 

tab of their FLAG account. See DOL’s Frequently 

Asked Questions; https://flag.dol.gov/support/ 

FAQ#cases (last visited Nov. 14, 2024), under the 

question, ‘‘How can I find a copy of my issued 

application?’’ 

14See https://www.dol.gov/sites/dolgov/files/ 

ETA/oflc/pdfs/ETA-9089%20General%20

Instructions%20-%20508%20Compliant%20- 

%20Expires%2010-31-2025.pdf (last visited Nov. 

14, 2024). 

15See USCIS Updates Filing Procedures for Form 

I–140, available at https://www.uscis.gov/news/ 

alerts. 

16See https://www.dhs.gov/publication/dhsuscis-pia-044-validation-instrument-businessenterprises (last visited November 14, 2024). 

Certification.6 The revision significantly 

changed the application by creating a 

basic form as well as four appendices.7

The revision also included a new Form 

ETA–9089—Final Determination: 

Permanent Employment Labor 

Certification Approval (Final 

Determination) for when DOL approves 

the permanent labor certification 

application. An uncertified Final 

Determination form is also signed by 

Form I–140 petitioners for Schedule A 

applications and National Interest 

Waiver requests being submitted 

directly to USCIS.8

On April 11, 2023, DOL announced 

two webinars: one to provide an 

overview of the revised Form ETA– 

9089, and another to provide 

stakeholders with updates regarding the 

modernization of the PERM program 

and transition to the FLAG system.9 On 

April 21, 2023, DOL announced that it 

would require the revised Form ETA– 

9089, Application for Permanent 

Employment Certification, in the FLAG 

system starting on May 16, 2023.10 This 

date was later postponed to June 1, 

2023.11

As a part of the PERM program 

modernization efforts, DOL modified 

how it collects certain information from 

employers. For example, and as 

explained in the instructions to the 

Form ETA–9089, DOL is no longer 

collecting information about the job 

opportunity that was previously 

included in section H on the prior 

version of Form ETA–9089 (which 

included information about the primary 

worksite, job title, education, and 

experience, as well as an open text box 

for providing additional information or 

facts about the case).12 Instead, the DOL 

FLAG system is pulling that information 

from the electronically-processed Form 

ETA–9141, Application for Prevailing 

Wage Determination, into the Form 

ETA–9089. 

Employers who file the new Form 

ETA–9089, including all applicable 

appendices, through the FLAG system 

and are granted a permanent labor 

certification, will receive a Final 

Determination electronically.13

In circumstances where the employer 

or, if applicable, its authorized attorney 

or agent, is not able to receive the 

approved permanent labor certification 

documents electronically, DOL will 

send a physical copy of the Form ETA– 

9089 and Final Determination to the 

appropriate address. 

Instructions to the Form ETA–9089 

require that the relevant parties sign 

Sections B, C, and D of the Final 

Determination resulting in certification 

immediately upon receipt from DOL 

before the Form I–140 petition can be 

filed with USCIS. The instructions also 

state that when DOL enables the 

electronic filing system to receive 

electronic signatures, the employer, 

foreign worker, attorney, agent, and 

preparer, as appropriate, will be 

required to sign the labor certification 

electronically before submission.14

With the exception of the few 

employers who still file their Forms 

ETA–9089 by mail, DOL will generally 

only provide the Final Determination to 

an employer electronically. With the 

publication of this notice, USCIS is 

announcing on its website that 

employers whose permanent labor 

certification applications were 

processed in FLAG must include a 

printed copy of the electronic Final 

Determination with their Form I–140, 

and that USCIS will consider this 

printed copy as an original, approved 

labor certification.15

USCIS is formally announcing 

through this notice that for Form I–140 

petitions that must be accompanied by 

a DOL-approved labor certification, a 

printed copy of the Final Determination, 

completed and electronically signed by 

DOL, and signed by the foreign worker, 

employer, and the employer’s attorney 

or agent, if applicable, must be 

submitted with a Form I–140 petition. 

This printed copy of the two-page 

determination satisfies the DHS 

regulatory requirement that petitioners 

submit an individual labor certification. 

8 CFR 204.5(a)(2). As discussed above, 

this change in USCIS procedure aligns 

with DOL’s change in its procedures, as 

DOL has transitioned to a new 

electronic filing and application 

processing environment. This means 

that DOL generally no longer provides 

the employer and, if applicable, the 

employer’s authorized attorney or agent, 

with a paper copy of a certified Form 

ETA–9089. This change in process is 

also appropriate since in most 

circumstances, USCIS will no longer 

need to reference a paper copy of a 

certified Form ETA–9089 (and its 

appendices) because USCIS and DOL 

have in place an information sharing 

process that allows USCIS to validate 

substantive elements of the approved 

permanent labor certification and 

prevailing wage determination based on 

case information DOL supplies directly 

to USCIS.16

There may be limited circumstances 

when DOL is able to adjudicate a 

permanent labor certification 

electronically but is unable to send an 

electronic certification to an employer 

(or its authorized agent, if applicable). 

In those rare instances, DOL will mail 

a paper copy of the electronic 

certification to the employer (and/or its 

authorized agent, if applicable). The 

electronic certification will not be 

printed on blue security paper. As with 

electronically issued certifications, the 

paper-based and signed final 

determination satisfies the DHS 

regulatory requirement that petitioners 

submit an individual labor certification. 

DOL does not anticipate circumstances 


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3240 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices 

where it would need to revert to a 

paper-based adjudication process. 

Additionally, USCIS notes that the 

submission of a printed copy of the 

electronic ETA–9089 Final 

Determination does not preclude USCIS 

from issuing a request for evidence or a 

notice of intent to deny in certain 

warranted circumstances, including but 

not limited to, when the electronic 

systems are unavailable for validation, 

or the Final Determination document is 

substantively inconsistent with the 

information provided by DOL in FLAG 

regarding that labor certification 

determination. In those instances, 

USCIS will request that a petitioner (or 

its authorized agent, if applicable) 

submit documentation, including but 

not limited to a copy or copies of the 

complete certified Form ETA–9089 and 

all applicable appendices. 

Form I–140 petitions for Schedule A 

occupations must contain a completed, 

uncertified Form ETA–9089, including 

all applicable appendices, a signed 

Final Determination, and a valid 

prevailing wage determination tracking 

number in Section E, Item 1 of the Form 

ETA–9089. This tracking number will 

allow USCIS to associate the uncertified 

Form ETA–9089 with the corresponding 

prevailing wage determination issued by 

DOL. In circumstances of system outage, 

scheduled maintenance, or other event 

preventing the electronic issuance of 

prevailing wage determinations and 

transmission of prevailing wage 

determination data from DOL to USCIS, 

USCIS may request that the employer or 

the employer’s authorized 

representative submit a copy of the 

prevailing wage determination (Form 

ETA–9141). 

Form I–140 petitions for sheepherders 

under 20 CFR 656.16 will need to 

contain a completed, uncertified Form 

ETA–9089, including all applicable 

appendices, a signed Final 

Determination, and the valid prevailing 

wage determination tracking number for 

the corresponding DOL-issued Form 

ETA–9141. 

Finally, a Form I–140 petition with a 

National Interest Waiver request will 

need to contain a copy of the Form 

ETA–9089, Appendix A, and a signed 

Final Determination. 

Ur M. Jaddou, 

Director, U.S. Citizenship and Immigration 

Services, Department of Homeland Security. 

[FR Doc. 2025–00582 Filed 1–13–25; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R6–NWRS–2024–N036; FF06R06000– 

256–FXRS126506ROMC0] 

Charles M. Russell Wetland 

Management District (MT); Draft 

Comprehensive Conservation Plan 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of a draft comprehensive 

conservation plan (CCP) and associated 

environmental assessment (EA) for the 

Charles M. Russell Wetland 

Management District (District) for 

review and comment. The District is 

distinct from the Charles M. Russell 

(CMR) National Wildlife Refuge (NWR) 

and this draft CCP and EA will not 

impact management of that refuge. The 

draft CCP describes the vision, goals, 

objectives, and strategies that will guide 

the long-term management of the 

District. The draft EA describes the 

impacts of implementing the objectives 

and strategies of the CCP on the 

environment, as well as alternative 

management objectives and strategies 

the Service is considering, in 

compliance with the National 

Environmental Policy Act. We invite 

comment from the public and local, 

State, Tribal, and Federal agencies. 

DATES: To ensure consideration, written 

comments must be received or 

postmarked on or before February 13, 

2025. 

ADDRESSES: Accessing Documents: You 

may obtain electronic copies of the draft 

CCP, draft EA, and associated 

documents at https://www.fws.gov/ 

refuge/charles-m-russell-wetlandmanagement-district. Hard copies may 

be viewed in person during regular 

business hours, 8 a.m. to 4:30 p.m., 

Monday through Friday, at the Charles 

M. Russell Wetland Management 

District, 333 Airport Road, Lewistown, 

MT 59457. 

Submitting Comments: Please submit 

comments by only one of the following 

methods: 

• Email: cmr@fws.gov; 

• U.S. mail: Cortez Rohr, District 

Manager, 333 Airport Road, Lewistown, 

MT 59457; or 

• In-Person Drop off: You may drop 

off comments during regular business 

hours (address above). 

FOR FURTHER INFORMATION CONTACT: Ella 

Wagener, by telephone at 703–283–2142 

or via email at ellalwagener@fws.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: The 

National Wildlife Refuge System 

Improvement Act of 1997 (Improvement 

Act; 16 U.S.C. 668dd-668ee), which 

amended the National Wildlife Refuge 

System Administration Act of 1966, 

requires the Service to develop a CCP 

for each NWR. The purpose in 

developing a CCP is to provide refuge 

managers with a long-term plan for 

achieving refuge purposes and 

contributing toward the mission of the 

National Wildlife Refuge System, 

consistent with sound principles of fish 

and wildlife management, conservation, 

legal mandates, and our policies. In 

addition to outlining broad management 

direction on conserving wildlife and 

their habitats, CCPs identify wildlifedependent recreational opportunities 

available to the public, including 

opportunities for hunting, fishing, 

wildlife observation and photography, 

and environmental education and 

interpretation. We will review this CCP 

at least every 15 years and revise it as 

necessary in accordance with the 

Improvement Act. 

Introduction 

With this notice, the Service 

continues the process for developing a 

CCP for the District. The District 

currently encompasses four national 

wildlife refuges (NWRs) and six 

waterfowl production areas (WPAs) in 

five Montana counties: Petroleum, 

Musselshell, Golden Valley, 

Yellowstone, and Stillwater. Clark’s 

Fork WPA (Carbon County) is managed 

by the District but is outside the District 

boundary. There are also five 

conservation easements in the District. 

These are the District’s current units 

and easements: War Horse WPA and 

War Horse NWR and its three units; 

Lake Mason NWR and its three units; 

Hailstone WPA and NWR, Grass Lake 

NWR, Spidel WPA, Tew WPA, Clark’s 

Fork WPA, and James L. Hansen WPA. 

In addition, there are five Farmers Home 

Administration conservation easements 

(Hardy, Kurz, Overturf, Weyer, and 

Jansen tracts), as well as other leases, 

flowage easements, and State grazing 

easements. Additional units or 

conservation easements added to the 


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