“Determination Issued” means a decision has been issued in the relevant FLAG case; it is not enough, by itself, to establish that an employment-based green-card process has been approved. First identify the form. A PERM-related prevailing-wage determination on ETA-9141 is a different step from a final labor certification on ETA-9089. [1]
Rules that determine the answer
DOL’s FLAG guidance expressly uses “Determination Issued” for prevailing-wage cases and describes a redetermination process. The PERM program separately requires the employer to complete the applicable recruitment and labor-certification process. A prevailing wage therefore supplies an important wage determination but does not certify that no qualified U.S. workers were available or approve an immigrant petition. [2]
A status label is less informative than the signed determination and its effective dates. DOL’s published FLAG instructions describe a thirty-calendar-day redetermination request window for the specified PERM prevailing-wage determination route. [1] The employer should verify the controlling current review procedure and act from the actual notice. Do not confuse that with a separate denial-review process for a labor-certification application. Keep the determination and recruitment timetable together: a favorable wage result does not excuse recruitment defects, and a certified labor application does not independently authorize the foreign worker to begin or continue employment. [2]
What to do next
- Ask the employer or authorized representative for the actual determination document and identify the form and case number.
- For ETA-9141, review the wage, occupation, location, validity period, and any basis for redetermination.
- For ETA-9089, read whether certification was granted or denied and the notice’s reasons and review instructions.
- If certification was granted, confirm its validity and the employer’s next I-140 filing step rather than assume residence or work authorization follows automatically.
Practical example
An employee sees “Determination Issued” on a prevailing-wage request and believes the green card is approved. The actual result may only establish the wage for recruitment; PERM certification, I-140, and eventual adjustment or visa processing remain separate.
For related situations, see employer sponsorship during pending asylum and E39 derivative-spouse green cards.
Primary sources
- DOL FLAG: Determination-issued prevailing-wage status and redetermination
- DOL FLAG: PERM program and process
Sources checked: October 31, 2026.