The US Department of Labor (DOL) has restarted the processing of visa applications under its foreign worker programs after being shut down for almost a month due to the federal government’s funding lapse.
The Office of Foreign Labor Certification (OFLC) confirmed that its key departments, the Foreign Labor Application Gateway (FLAG) and SeasonalJobs.dol.gov, are now fully operational. Both platforms are essential for employers who rely on foreign workers for industries like technology, healthcare, and agriculture.
US Department of Labor resumes foreign worker application processing
After nearly a month-long pause caused by the ongoing federal government shutdown that began on September 30, employers can once again file Labor Condition Applications (LCAs), which must be certified by the DOL before submitting H‑1B, H‑1B1, or E‑3 petitions, and submit new requests for PERM labor certifications, the mandatory steps for sponsoring foreign workers for permanent residency in the US.
Both LCAs and PERM certifications are needed to ensure that hiring foreign professionals does not hurt job opportunities, wages, or working conditions for American workers. In a notice issued on October 31, the DOL said, “The Office of Foreign Labor Certification’s (OFLC) Foreign Labor Application Gateway (FLAG) system is now accessible and permits system users to prepare and submit new applications as well as submit and receive information associated with their applications pending a final determination,” the Department of Labor’s website reads.
The DOL also announced that its SeasonalJobs.dol.gov website, an online registry listing H-2A and H-2B temporary job opportunities, has been restored to “full functionality”. These programs are for employers looking for seasonal labor in industries such as hospitality, construction, and farming.
Longer processing times expected
While services are now available, the DOL has warned that processing may take longer than usual as it battles a large backlog of cases that piled up because of the shutdown. “We do anticipate increased requests for stakeholder assistance, and this means some may experience longer than normal processing and response times,” the department said. “We apologise for any inconvenience and appreciate your patience as OFLC transitions back to full operational status.”
What happens to applications missed during the shutdown?
Between October 1 and October 31, employers were unable to submit new PERM labor certification applications. In the past, after similar shutdowns, the DOL allowed a short grace period so that employers could submit applications that had expired recruitment efforts. However, the department has not yet confirmed if a similar option will be rolled out this time. Employers are still waiting for official update.
Big techs and companies relaying heavily on foreign workers had raised concerns that the pause could delay visa renewals and work authorisations, hurting both businesses and workers. As of July 2025, some PERM cases filed as early as March 2024 were still pending.
