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US Department of Labor resumes processing of LCAs for H-1B and PERM applications

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The US Department of Labor has resumed processing employer requests for prevailing wages and labor certification determinations for both temporary and permanent employment. The Office of Foreign Labor Certification (OFLC) confirmed that its Foreign Labor Application Gateway (FLAG) system is now operational again, allowing employers to file new applications and track those awaiting decisions.

In an official statement, the department 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.” It added, “We apologize for any inconvenience this may cause and appreciate your patience as OFLC transitions back to full operational status.”

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What the systems do
The OFLC oversees the labor certification process required for US employers to hire foreign workers through visa programs such as H-1B, H-2A, H-2B, and PERM. The FLAG system serves as the official online portal for these applications, handling submissions, document uploads, and status tracking. It also supports the SeasonalJobs.dol.gov website, which lists certified temporary job opportunities under H-2A and H-2B programs. Without OFLC certification, employers cannot proceed with employment-based visa petitions before the US Citizenship and Immigration Services (USCIS).

Why processing stopped
The temporary halt in operations was caused by a lapse in federal funding that triggered a government shutdown earlier this year. During the shutdown, OFLC operations were suspended, and both the FLAG portal and the SeasonalJobs.dol.gov registry went offline. This outage paused all Labor Condition Application (LCA) filings, prevailing wage requests, and PERM applications until appropriations were restored. The department emphasized that the interruption was not related to its ongoing modernization efforts but rather a direct result of the funding lapse.

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When it was unavailable and the backlog
The shutdown took effect around September 30, 2025, when the Department of Labor’s funding expired. Employers were unable to submit or amend applications during the downtime. Since the resumption of services, OFLC has cautioned that heavy backlogs may lead to slower processing times. As of July 2025, applications filed as far back as March 2024 were still awaiting review. Officials have indicated that processing delays will continue until operations fully stabilize.

What this means for employers and applicants
Employers may now resume filing LCAs for H-1B petitions and PERM labor certifications through the FLAG system. Those with pending cases should expect slower responses as OFLC works through accumulated submissions. The department advised stakeholders to allow additional time for adjudications and to monitor the official OFLC website for further technical updates.
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