Which DOL Functions on Immigration Impacted Government Shutdown?

Answer: During a shutdown, the DOL will cease processing and cannot accept or process new LCAs, PERM applications, or wage determinations — halting most employment-based immigration activity.

What Employers and Employees Need to Know

When the federal government shuts down, the effects ripple across the entire immigration system — but few areas feel the disruption more acutely than those that depend on the U.S. Department of Labor (DOL). A potential government shutdown can disrupt critical immigration processes, so employers should plan ahead to mitigate risks. Employers filing H-1B, PERM labor certifications, or prevailing wage determinations often find themselves unable to move forward, creating cascading delays that affect workers, start dates, and compliance obligations. The Department of Labor ceases operations during a government shutdown because it relies on congressional appropriations instead of user fees, and other government agencies involved in immigration may also be affected. DOL’s immigration functions are funded through appropriated funds, so when these appropriated funds are not available due to a shutdown, operations are suspended.

This article explains what happens when the DOL goes dark, which immigration services stop, what stays accessible, and what employers and attorneys can do to minimize damage during a government shutdown. The federal government enters a shutdown when Congress fails to pass appropriations bills or a continuing resolution. In prior shutdowns, government agencies such as USCIS, DOL, and the State Department have experienced varying levels of disruption, offering important lessons for employers navigating these challenges.

What Does the DOL Do in Immigration Matters?

The Department of Labor plays a critical role in employment-based immigration — particularly for employers sponsoring foreign workers under temporary or permanent categories.

DOL’s core immigration-related functions include:

• Labor Condition Applications (LCA) (labor condition applications (LCAs)): Required for H-1B, H-1B1, and E-3 visa filings.
• PERM Labor Certification: The first step toward most employment-based green cards (EB-2 and EB-3).
• Prevailing Wage Determinations (PWD): Establishes the wage employers must pay foreign workers.
• Audit and Compliance: Reviews, audits, and enforcement actions for wage or recruitment violations.

When the government shuts down, these functions are not considered “essential.” That means DOL’s websites, including the Foreign Labor Application Gateway (FLAG) and related systems, go offline — stopping filings cold. The Department of Labor will cease all immigration-related functions during a government shutdown because it does not rely on user fees. Additionally, the DOL’s Office of Foreign Labor Certification (OFLC) (DOL’s office) will be non-operational during this period, further halting critical processes.

How Does a Government Shutdown Affect DOL Immigration Services?

During a shutdown, furloughs and funding gaps suspend almost all DOL immigration functions. When a shutdown occurs, the processing of ongoing applications is halted, and new applications filed cannot be processed until funding is restored. The FLAG system — the online platform used for filing LCAs and PERM applications — becomes inaccessible, increasing the risk of missing critical filing deadlines for employers and applicants. Additionally, all prevailing wage requests are suspended during a government shutdown, halting the PERM process.

Emails to DOL offices typically receive auto-replies indicating that staff are unavailable “due to lapse in appropriations.”

In previous shutdowns (2013, 2018–2019), these outages lasted for weeks. Applications filed during these periods were delayed, and employers were unable to submit filings, and USCIS refused to accept H-1B petitions without certified LCAs.

Key impacts include:

• Frozen or rejected electronic submissions.
• Delayed or canceled filings for new hires.
• Missed start dates and status changes for H-1B workers, especially when unable to timely file petitions, which can jeopardize employment eligibility and status.
• Chain reaction delays affecting USCIS and consular processing timelines. A government shutdown disrupts immigration cases by suspending the processing of applications and petitions that depend on Department of Labor certifications.

Which DOL Services, Including Prevailing Wage Determinations, Stop During a Shutdown?

Almost all DOL immigration operations cease until Congress restores funding. Here’s what stops:

• PERM Processing and Filings:Employers cannot file or modify Form ETA 9089 applications.
• LCA Certifications:No new or amended LCAs for H-1B, H-1B1, or E-3 filings.
• Prevailing Wage Requests:PWD requests remain unprocessed, halting the PERM preparation timeline.
• Help Desks and Audits:Email inquiries, audit responses, and appeal reviews are suspended.
• Case Amendments and Withdrawals:Employers cannot withdraw or correct filed cases.
• DOL’s Websites:Key DOL’s websites, such as the Foreign Labor Application Gateway (FLAG), are deactivated during a shutdown, preventing access to online application systems.

Essentially, DOL’s office—specifically the Office of Foreign Labor Certification (OFLC)—is frozen. Even “in-progress” cases sit in limbo until the agency reopens.

Which Services Continue or Remain Accessible?

While new activity halts, certain resources remain read-only:

• The FLAG portal home page stays visible for reference. While most DOL systems are offline, certain government websites and resources generally remain open for informational purposes during a shutdown.
• Archived guidance and DOL shutdown notices remain available online.
• Employers may still access previously certified LCAs or PERM approvals if they have previously downloaded or stored the documents, as access data remains available for these records.
• DOL’s general website and the Federal Register remain accessible for policy updates.

However, no filings, certifications, or communications are processed. Employers cannot “queue” cases for submission — systems simply lock out users.

How a DOL Shutdown Impacts Employers and Foreign Workers

A DOL shutdown creates immediate and sometimes severe immigration consequences: Employers in industries relying on foreign talent, including foreign national employees, cannot hire or retain essential workers during a government shutdown, exacerbating project delays and workforce shortages.

1. **H-1B Delays:**Employers cannot file or amend petitions for H-1B and other work visas without a certified LCA. This delays start dates or extensions, putting workers at risk of falling out of status.
2. **PERM Labor Certification Disruptions:**With FLAG offline, the PERM clock stops. Timely recruitment documentation and wage validity periods may expire before filing resumes.
3. **Prevailing Wage Bottlenecks:**PWD delays can ripple through multiple cases, especially for employers with ongoing recruitment timelines.
4. **Payroll and Compliance Risks:**Employers must ensure workers remain paid and compliant under existing LCAs, even if new filings are frozen, and must continue to verify employment eligibility to avoid compliance issues.
5. **Investor and Business Impact:**Companies relying on foreign talent face project delays, especially in tech, healthcare, and research sectors.
6. **Worker and Family Uncertainty:**The shutdown of DOL processing creates uncertainty and job instability for foreign workers and their families when extending their status or advancing permanent residency applications.

Additionally, the suspension of DOL processing during a shutdown can delay or prevent access to critical immigration benefits, such as work authorization and permanent residency.

What Happens to Pending or Expired LCAs and Foreign Labor Certification During a Shutdown?

Pending LCAs are simply paused in DOL’s system until staff return to work — no certifications are issued. If an LCA expires during a shutdown, the employer cannot file a new one until DOL systems are back online. This delay can impact workers’ ability to remain employed, especially if a timely status request is required to maintain lawful status. Delayed filings may affect the acceptance of status requests and related evidence once the government reopens. However, historically, when the government reopened, USCIS has accepted certain late filings, such as I-129 petitions, if the delay was due to the shutdown.

Practical consequences:

• USCIS will not accept an H-1B petition without a valid, certified LCA.
• H-1B extension or amendment filings may miss their statutory window, as applications filed during a shutdown may not be processed in time.
• Workers could lose the ability to remain employed if their underlying status depends on timely filing.

**Immigration Lawyer Richard Herman: “**Pending LCAs remain unprocessed and expired LCAs cannot be renewed during a shutdown — effectively blocking all new H-1B filings.”

Can Employers File I-129 Petitions Without an LCA?

Under extraordinary or “exceptional circumstances”, an employer may attempt to file an H-1B petition without an LCA if the shutdown makes compliance impossible.
However, this strategy is risky and should be used only with detailed documentation explaining the emergency and attaching proof of the shutdown’s impact.

Employers should include:

• Evidence of FLAG system inaccessibility.
• A copy of the DOL’s official shutdown notice.
• A cover letter referencing temporary suspension of DOL functions.

USCIS may exercise favorable discretion in accepting these filings, especially for cases where the delay would cause severe hardship — but there is no guarantee. This favorable discretion refers to USCIS’s flexibility to accept late filings or extend deadlines as an administrative leniency in response to extraordinary circumstances.
When DOL reopens, the employer must submit the certified LCA as soon as possible and request USCIS to amend or supplement the record.

Employment Immigration Attorney Richard Herman: “Employers can attempt to file without an LCA under exceptional circumstances — but approval depends entirely on USCIS discretion.”

How USCIS and DOL Coordinate During Shutdowns

Although USCIS remains funded through filing fees, it relies on DOL certifications for several immigration processes. As a provider of immigration services, USCIS (U.S. Citizenship and Immigration Services) is a fee funded agency and is primarily funded through application fees. This means that immigration services USCIS offers can continue operating during a government shutdown, unlike agencies that are not primarily fee funded. During shutdowns, USCIS typically publishes temporary guidance explaining how it will handle petitions missing DOL prerequisites. USCIS will accept and adjudicate most applications and petitions for citizenship and immigration services during a government shutdown, ensuring some continuity in processing for fee funded agencies.

This coordination ensures:

• Pending cases are not automatically denied.
• USCIS accepts late submissions once DOL resumes operations.
• Employers can preserve worker status with post-shutdown grace periods.

However, each shutdown is different. Employers should closely monitor:

• USCIS.gov for official updates.
• DOL shutdown guidance for agency-specific instructions.

Consular processing domestically and abroad will remain operational, which includes visa issuance during a government shutdown, but specific embassies may reduce operations if they do not generate enough revenue from application fees, as the Department of State is primarily fee funded. Consular operations, including visa and U.S. passport processing, may continue for a limited time but could face delays or suspensions if fee funding runs out. Consular services, such as visa issuance and support for travelers, may be affected depending on the duration of the shutdown and available funding. Visa applications may experience delays or disruptions if consular operations are reduced or suspended during an extended shutdown.

What to Expect When the Government Reopens

Once funding is restored, DOL faces a massive backlog. Systems restart gradually, and processing delays can extend for weeks or months. Typically, OFLC processes pending cases first, followed by queued submissions. Processing delays at USCIS may also occur due to reduced staffing or processes requiring interagency involvement during a shutdown, further compounding the delays.

Employers should expect:

• Slow response times from DOL help desks.
• Extended certification timelines.
• Limited ability to expedite.
• A temporary increase in system errors and resubmissions.

Business Immigration Law Expert, Richard Herman: “After reopening, DOL prioritizes pending cases, but backlog recovery may take months — impacting PERM and H-1B filings well into the future.”

Lessons from Past Shutdowns

2013 Shutdown:

DOL systems were offline for 16 days. Employers reported thousands of delayed PERM and H-1B filings.

2018–2019 Shutdown:

The longest in U.S. history (35 days) caused severe DOL delays. FLAG systems required technical patches before resuming normal function.
Employers faced up to 60-day backlogs for wage determinations and certifications.

Each episode underscores one truth:

When the DOL stops, the entire employment-based immigration system slows to a crawl.

Practical Tips for Employers and Attorneys

1. Plan Ahead:Monitor government funding deadlines and prepare LCAs or PERM filings early.
2. Download and Archive Certified Documents:Always keep local copies of certified LCAs, PWDs, and PERM approvals.
3. Document the Shutdown’s Impact:Keep screenshots or correspondence showing system inaccessibility.
4. Notify Workers:Keep affected employees informed about status and filing delays.
5. Coordinate with Legal Counsel:Attorneys can help strategize filings, protect compliance, and communicate with USCIS post-shutdown.
6. Monitor Official Updates:Check DOL’s OFLC portal and USCIS announcements regularly.
7. Tip for Participating Employers Using E-Verify:During a government shutdown, the e-verify system may be temporarily unavailable. Participating employers and e-verify users should follow DHS guidance, continue to complete Form I-9 as required, and monitor for updates on when the e verify system resumes operation.
8. Tip on Contact Center Responses:Expect potential delays or limited availability in contact center responses from agencies like USCIS and the Department of State during a shutdown. Plan accordingly for any urgent inquiries or support needs.

Authoritative Resources and References

• U.S. Department of Labor Office of Foreign Labor Certification (OFLC)
• FLAG System Portal
• USCIS H-1B Program Overview
• DOL Shutdown Guidance Archive
• Federal Register: Employment and Training Administration Notices

Author Profile — Richard T. Herman, Esq.

Richard T. Herman is a nationally recognized immigration lawyer with over 30 years of experience helping individuals, families, and businesses navigate U.S. immigration law.
He is the founder of the Herman Legal Group — known as “The Law Firm for Immigrants.”

Richard is also co-author of the acclaimed book Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (Amazon) and a frequent legal commentator on New York Times, NPR, and major media outlets.

Learn more about his work and publications at his official bio page, or schedule a consultation to discuss your case directly with Richard.