Did the U.S. Resume H-1B LCA / PERM Filings After the Shutdown? What Employers & Visa Applicants Must Know

Callout

✅ Yes — as of late October 2025, the U.S. Department of Labor (DOL) has restored its FLAG system, resuming H-1B Labor Condition Applications (LCAs), PERM labor certifications, and prevailing wage determinations.

Employers and visa applicants can now move forward — but must prepare for processing backlogs and new compliance timelines.

Introduction

When the U.S. government shutdown struck in early October 2025, one of the biggest casualties for the immigration world was the Department of Labor’s (DOL) Foreign Labor Application Gateway (FLAG) system — the platform that powers the submission of Labor Condition Applications (LCAs) for H-1B visas and PERM labor certifications for employment-based green cards.

For nearly a month, U.S. employers were locked out of essential filings. Thousands of H-1B transfers, extensions, and green-card sponsorships stalled.
But by October 31, 2025, DOL’s Office of Foreign Labor Certification (OFLC) confirmed that it had resumed accepting and processing all major applications through FLAG.

This article breaks down what exactly has resumed, what delays remain, and what steps both employers and applicants should take now that operations are back.
It’s written in a consumer-friendly, public-facing tone to help workers, HR teams, and global mobility professionals quickly understand what to do next.

1. The Shutdown’s Impact on Employers and Workers

What Was Paused

The 2025 federal shutdown forced many DOL systems offline, including:

• LCA Filings (for H-1B, H-1B1, and E-3 visas)
• PERM Labor Certifications
• Prevailing Wage Determinations (PWDs)
• The PERM Help Desk and Public Disclosure Data Center

Without an approved LCA, employers couldn’t file or extend H-1B petitions (Form I-129) with USCIS. Before filing H-1B petitions with USCIS, employers must obtain a certified Labor Condition Application (LCA) from the Department of Labor.
Similarly, PERM-based green-card sponsorships (for EB-2 and EB-3 categories) came to a halt, interrupting recruitment windows and risking timed-out filings.

This disruption affected not only U.S. employers but also global applicants — especially from India and Canada, where H-1B demand is high.
Universities, hospitals, and tech companies were among the hardest hit. The DOL’s restoration of services impacts employers dependent on foreign labor for various job categories, affecting many foreign workers’ legal status amidst delays.

2. DOL Announces Resumption of FLAG System

The Key Turning Point: October 31, 2025

On October 31, the Department of Labor officially announced the restoration of the FLAG portal and the resumption of OFLC operations:

🔗 Official DOL Announcement — FLAG.gov

According to that release:

“The Office of Foreign Labor Certification has resumed processing of applications submitted through the FLAG system, including Labor Condition Applications, prevailing wage requests, and PERM filings.”

Industry Confirmation

Law firms and immigration advocates quickly confirmed the update:

• Murthy Law Firm: “DOL Restores FLAG System — Employers May Resume PERM and H-1B Labor Condition Applications.”
• Fragomen Worldwide: “DOL resumes processing LCAs and PERM certifications despite ongoing funding uncertainty.”

The announcement gave relief to thousands of employers who had pending or time-sensitive filings stuck in limbo since October 1.

3. What Exactly Has Resumed?

a. Labor Condition Applications (LCA)

✅ Employers can now file LCAs again through the FLAG system.
✅ OFLC has resumed reviewing and certifying LCAs for H-1B, H-1B1, and E-3 visas.
✅ Certified LCAs can be used immediately in Form I-129 filings to USCIS. Once LCAs are certified, employers can proceed with filing H-1B petitions, which is essential for hiring skilled workers.
✅ LCA processing times have returned to about 7 calendar days (subject to backlog).

Fast Fact:

An LCA is a mandatory first step before an employer can file an H-1B petition. It certifies that the employer will pay the prevailing wage and provide non-discriminatory working conditions.

b. PERM Labor Certifications

✅ Employers can once again file PERM applications (Form ETA-9089) for green-card sponsorships.
✅ Prevailing Wage Determinations (PWDs) have also resumed, allowing employers to move ahead with new recruitment steps.
✅ The DOL has clarified that PERM cases paused during the shutdown will be processed in order of receipt, but may experience delays of several weeks. Pending PERM applications will continue to be processed through to final determination following the restoration of operations at the DOL.

Tip for Employers:

If your recruitment window expired during the shutdown (e.g., a 30- or 180-day limit), consult an attorney before re-filing — you may need to restart recruitment or document interruption exceptions.

c. Prevailing Wage Requests

✅ PWDs submitted before the shutdown are being processed.
✅ New PWD requests can now be filed for both H-1B and PERM purposes.
✅ Expect longer turnaround times while the DOL clears its backlog.

4. Why This Resumption Matters

For most employment-based immigration filings, DOL’s certification is the foundation. Without it, USCIS petitions and Department of State visa processing cannot proceed.
This restoration means:

• H-1B transfers and extensions can move forward again.
• PERM green-card sponsorships can resume.
• Prevailing wage delays no longer block filings.

5. Key Timelines and Processing Outlook

Snippet Callout:

“Employers can now submit new LCAs and PERM applications — but should anticipate delays as DOL works through a backlog of tens of thousands of filings.”

6. Expert Commentary: Richard T. Herman

“While DOL’s October 31 announcement did not explicitly list LCAs, it’s now clear that employers and foreign workers can move forward with H-1B filings.
The key is to act swiftly and maintain meticulous records of any shutdown-related delays. Employers should be documenting every step — from internal recruitment logs to screenshots of FLAG system errors — to protect themselves in the event of future audits.”

— Richard T. Herman, Immigration Attorney, Herman Legal Group

7. How to Check Your LCA or PERM Status

Here’s a step-by-step for applicants and employers to verify case progress:

1. Visit flag.dol.gov
2. Login using your organization’s credentials.
3. Navigate to “Case Management.”
4. Review your LCA/PERM filing number and case status (submitted / in-process / certified / denied).
5. Download certified LCAs once approved — they must be posted at the worksite before H-1B filing.
6. Keep digital and paper copies for audit compliance.

8. Common Questions Answered

Can I now file an H-1B transfer?

✅ Yes. Once your employer’s LCA is certified through FLAG, a transfer petition may be filed with USCIS.

What if my recruitment for PERM expired during the shutdown?

Your attorney can help determine if your recruitment period may be extended or needs to be restarted. OFLC has not granted blanket exceptions, so documentation is key.

What if my LCA was submitted before the shutdown but not certified?

It will resume normal processing order. Check your FLAG dashboard for the new certification date.

Are there still system delays?

Yes. Although the system is live, DOL warns that backlog recovery may take several weeks.

What about prevailing wage requests?

All new and pending requests are being handled again — but expect lag as the backlog clears.

9. Geographic Focus: U.S., India, and Canada

India

Indian nationals make up more than 70% of H-1B visa holders, and the shutdown had ripple effects across India’s tech and consulting sectors.
Now that LCAs are resuming, Indian applicants can expect U.S. employers to restart transfers and extensions that had been paused.

Canada

Canadian cross-border professionals in E-3 and TN-equivalent roles (or those transferring via H-1B) were similarly affected.
Employers in Toronto, Vancouver, and Montreal are now re-filing delayed LCAs and PERMs.

U.S. Midwest Focus

In the U.S., the resumption is especially critical for Midwest employers (Ohio, Michigan, Indiana, Pennsylvania) who rely heavily on H-1B talent in healthcare and engineering.

Ohio-based firms — including Cleveland Clinic, Ohio State University, and Procter & Gamble — are among those ramping back up.

10. Compliance Tips for Employers

✅ Document all disruption: Keep email chains and screenshots showing the FLAG outage period.
✅ File LCAs early: Don’t wait — backlog queues may grow.
✅ Audit internal postings: Ensure public access files are updated once LCAs are certified.
✅ Review prevailing wage data: Rates may have updated during the downtime.
✅ Keep communication open with immigration counsel: Particularly if your recruitment or wage determination period overlaps with the shutdown.

11. Compliance Tips for Applicants

✅ Confirm your employer’s LCA certification date.
✅ Keep copies of all job postings and documentation tied to your role.
✅ Verify H-1B status validity if your case was delayed.
✅ Monitor your case number on flag.dol.gov.
✅ Stay in touch with your lawyer for any USCIS or consular filing deadlines impacted by the delay.

12. How Law Firms Are Helping Employers Recover

Immigration law firms are now working around the clock to re-file or recover delayed applications.
In Ohio and beyond, top employment-based immigration firms include:

Choosing a law firm experienced in employment-based immigration ensures compliance, timely filings, and strategic guidance to mitigate risks created by government shutdowns.

Schedule a confidential consultation with Herman Legal Group:
🔗 Book a Consultation

13. Key Insights for Employers and Applicants

Key Insight #1:

DOL’s FLAG system is fully restored — you can now file new LCAs and PERM applications.

Key Insight #2:

Processing times remain extended due to backlog; plan your H-1B or PERM filings early.

Key Insight #3:

Employers must document delays that occurred during the shutdown for audit defense.

Key Insight #4:

Applicants should confirm LCA certification before proceeding with H-1B transfer or extension.

Key Insight #5:

Recruitment periods overlapping the shutdown may need legal review — consult your attorney.

14. Practical Example

Scenario:

A software engineer in Columbus on H-1B status needs to transfer to a new employer.
During the shutdown, the new employer couldn’t submit an LCA.
Now that FLAG is back online:

1. The employer files the LCA immediately.
2. Once certified, it files Form I-129 with USCIS.
3. The engineer can begin employment under H-1B portability rules after USCIS receipt.

Tip:

Maintain a copy of the certified LCA and the USCIS receipt notice for your records.

15. Long-Term Outlook

Immigration experts anticipate:

• A short-term surge of filings from employers catching up.
• A potential slower adjudication rate until OFLC clears its backlog.
• Calls for infrastructure modernization of FLAG to prevent future disruptions.
• Possible DOL audit wave to confirm post-shutdown compliance.

16. Resources and Links

17. Key Takeaways

• ✅ The DOL resumed H-1B LCA, PERM, and prevailing wage filings through the FLAG system as of late October 2025.
• ✅ Employers can again file new LCAs and PERM applications — crucial for H-1B transfers, extensions, and green-card sponsorships.
• ✅ Processing delays remain; plan and file early.
• ✅ Employers should document all shutdown-related disruptions for audit protection.
• ✅ Applicants from India and Canada should confirm employer compliance before proceeding.
• ✅ Work closely with an experienced immigration lawyer to handle missed recruitment periods and ensure compliance.
• ✅ For guidance or legal help, contact the Herman Legal Group — over 30 years of experience assisting employers and foreign professionals.