The Office of Foreign Labor Certification (OFLC) has released emergency guidance for employers whose labor certification and prevailing wage applications were impacted by the recent federal government shutdown. Between October 1 and November 2, 2025, OFLC ceased all processing activities and suspended public access to its Foreign Labor Application Gateway (FLAG) and SeasonalJobs.dol.gov, halting submission and review of applications across several employment-based visa programs.
This article outlines how employers can respond to these disruptions under the U.S. Department of Labor (DOL)’s temporary procedures and automatic deadline extensions.
Automatic 33-Day Extension for Employer Responses
Employers with applications pending as of October 1, 2025, will benefit from an automatic 33-day extension to respond to OFLC-issued correspondence. This includes Requests for Information (RFIs), Notices of Acceptance, Notices of Deficiency, and Audit Notices. No additional request is required to activate this extension.
All filings made by mail, courier, or email during the shutdown will retain their original postmark or send date as the official filing date once entered into the FLAG system. For instance, a PERM application postmarked on October 1, 2025, will be recorded as received on that same date.
PERM Recruitment and Prevailing Wage Validity
Recognizing the effect of the processing lapse, OFLC will accept PERM applications using expired recruitment efforts or prevailing wage determinations if those periods lapsed between October 1 and November 2, 2025.
Employers who receive a FLAG system warning regarding expired recruitment or prevailing wage validity may still submit their application. If such applications are denied, the employer may file a request for reconsideration explaining the shutdown-related delays.
Emergency Filing for H-2A, H-2B, and CW-1 Employers
Under the H-2A (20 CFR 655.134) and H-2B (20 CFR 655.17) programs, employers can request a waiver of standard filing deadlines if they can demonstrate good and substantial cause, such as the inability to file during the shutdown.
Similarly, CW-1 employers may request to file applications without a valid prevailing wage determination under 20 CFR 655.422. These emergency provisions are designed to maintain labor supply continuity for seasonal and temporary industries disrupted by the suspension of OFLC operations.
Important Limitations
OFLC clarified that these extensions and emergency procedures do not apply to appeals or deadlines governed by the Board of Alien Labor Certification Appeals (BALCA). Employers with cases before BALCA must continue to meet those regulatory deadlines or contact BALCA directly at [email protected] for clarification.
Practical Guidance for Employers
Employers are encouraged to:
- Monitor FLAG notifications closely for case updates and receipt numbers.
- Submit pending documentation promptly to prevent additional backlogs.
- Document all actions taken during the shutdown period, including mailing receipts and email timestamps, to support any requests for reconsideration.
These emergency accommodations aim to minimize disruption while the OFLC resumes full operational capacity following the lapse in federal appropriations.
Need Assistance?
Ahluwalia Law Offices assists employers and foreign workers navigating the PERM, H-2A, H-2B, and other employment-based immigration processes. If your filing was affected by the shutdown, our team can evaluate your eligibility for deadline relief and help ensure compliance with DOL and USCIS procedures.
