The DOL’s Office of Foreign Labor Certification has fully resumed processing prevailing wage and labor certification applications following the government shutdown, allowing stalled employment-based immigration cases to move forward again, though stakeholders should expect slower-than-normal processing times.

Introduction

The U.S. Department of Labor (DOL) has made an official announcement that the Office of Foreign Labor Certification (OFLC) has resumed processing employer requests for prevailing wage determinations and labor certification applications (LCAs) for both temporary and permanent employment in the United States.

This development follows a period in which OFLC activities were halted due to the government shutdown, and it restores a critical component of the employment-based immigration process for many employers and foreign national workers.

FLAG and SeasonalJobs Systems Restored to Full Operation

With the resumption of processing, the Foreign Labor Application Gateway (FLAG) system is now accessible again. System users can once more log into FLAG to prepare and submit new applications, as well as submit and receive information related to applications that are already pending and awaiting a final determination.

This applies to a broad range of case types, including: prevailing wage requests, PERM labor certification applications, and labor certification components tied to temporary programs such as H-2A and H-2B, among others. Stakeholders who were unable to move forward during the suspension period can now resume their filing strategies and case preparation in the normal electronic environment provided by FLAG.

Expect Processing Delays as OFLC Ramps Back Up

Although OFLC has restarted application processing and restored its key systems, the agency has cautioned stakeholders to expect some delays. DOL has stated that it anticipates increased requests for assistance and inquiries as processing resumes, and that this demand may translate into longer-than-normal processing and response times, at least in the near term.

Practical Takeaways for Employers and Foreign National Workers

For employers, the resumption of OFLC processing is a necessary step to move PERM, H-1B, H-2A, H-2B, and other foreign labor strategies forward, but it is not a return to “business as usual” overnight. Pending cases can now proceed, but they may move more slowly as OFLC works through backlogs and high inquiry volumes. Employers should review their pipelines to align recruitment and filing timelines with the anticipated delays.

For foreign national workers, the announcement is good news in that stalled cases can now progress again, especially for those waiting on prevailing wage determinations or PERM decisions that are needed to support immigrant visa or nonimmigrant petitions. At the same time, individuals should be prepared for slower movement on their cases and should consult with counsel about how OFLC-related delays may affect overall immigration strategy, including visa timing, status maintenance, and long-term planning.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading any content on our website does not create an attorney-client relationship. For legal guidance tailored to your specific situation, consult a qualified immigration attorney.