NRI PULSE STAFF REPORT
Washington, D.C., November 4, 2025: The U.S. Department of Labor (DOL) announced on October 31 that its Office of Foreign Labor Certification (OFLC) has resumed processing employer applications for prevailing-wage determinations and labour-certification requests for both temporary and permanent employment programmes.
According to its announcement, the OFLC’s Foreign Labor Application Gateway (FLAG) system is once again accessible. Employers and their representatives can now prepare and submit new applications, as well as upload or receive information relating to pending cases. Moreover, the SeasonalJobs.dol.gov registry, used for certain seasonal worker programs such as H-2A and H-2B, has also returned to full operational status.
Background: What led to the pause
The processing disruption stemmed from a federal funding lapse, which led to a partial shutdown of some operations at the DOL. The OFLC’s notice acknowledges that processing of foreign labour certification applications and all activities associated with implementing regulatory requirements ceased through October 31, 2025.
Legal-advisory firms note that while the FLAG system is back online, there remains uncertainty in certain programme categories. For example, filings for labour-condition applications (LCAs) tied to H-1B, H-1B1 and E-3 visas appear to remain paused, or at least not officially confirmed as resumed.
What this means for employers and foreign workers
For employers and foreign nationals relying on employment-based immigration tracking via the OFLC, this resumption is a welcome step. With the FLAG portal restored, progress on new and pending filings can move forward.
However, several caveats remain. The DOL explicitly cautions that due to the backlog and increased demand, some stakeholders may experience longer-than-normal processing and response times as the office transitions back to full operational status. The lack of clear confirmation around LCAs for major programmes such as H-1B means some filings may still be effectively on hold, even if the submission mechanism is open. Employers should verify status before assuming full functionality.
For foreign workers whose employment, start dates or visa‐status changes depend on labour-certification or LCA filings, delays may persist and careful monitoring is important.
Sector-specific and community impact
Large numbers of technology companies, healthcare providers and other high-skilled-employer organisations who sponsor non-US nationals may have been affected by the pause—both in recruiting international talent and in processing extensions or transfers. Among visa holders, nationals of India represent a substantial proportion of H-1B holders, so Indian-American workers may feel the disruption more acutely.
For those in the permanent-employment or “green-card” pipeline, the resumption of PERM (permanent labour-certification) filings means that some long-awaited employer-sponsored applications can move forward.
Next steps and recommendations
Employers should verify the status of each type of filing—LCA, PERM, and prevailing wage determination—with their immigration counsel and check the FLAG portal for updates. They should submit ready-to-file applications as soon as possible to minimize further delay, acknowledging that processing times may be longer than usual.
For workers awaiting start dates or transfers, maintaining communication with employers and counsel and documenting any delay attributable to the DOL’s service pause is advisable. Stakeholders should also watch for additional announcements from the OFLC as updated guidance is expected, especially regarding filings that could not be submitted during the shutdown.
Given the uncertainty over LCAs, if a case depends on one—especially for H-1B or related categories—workers and employers should proceed with caution and plan contingencies.
Image courtesy of Department of Labor.
