DOL Resumes Processing of Certain Applications During Government Shutdown

On October 31, 2025, the Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) has resumed processing of certain applications. The Foreign Labor Application Gateway (FLAG), where system users can prepare and submit new applications and receive information about their pending applications, is now up and running, but not fully operational. 

Only limited activities have resumed, including processing of PERMs, H-2A and H-2B labor certifications, and prevailing wage determinations. Although processing of labor condition applications (LCAs) for H-1B, E-3, and H-1B1 visas had not immediately resumed on October 31st, as of November 3rd, employers are beginning to receive labor certification approvals for LCAs filed prior to the government shutdown. However, it is still unclear whether the DOL has completely resumed processing LCAs for H-1B, E-3, and H-1B1 visas. LCAs that were previously filed and certified prior to October 1 are also now accessible. 

The DOL has not yet addressed how it will handle PERM applications that could not be timely filed between October 1, 2025 and October 31, 2025 due to the government shutdown. There are expected delays due to the volume of users and requests. If you have questions on how this may impact your case, please contact our skilled attorneys at Minsky, McCormick & Hallagan, P.C. at (312) 427-6163 or schedule a consultation online.