Today, October 31, 2025, the U.S. Department of Labor (USDOL) announced that its Office of Foreign Labor Certification (OFLC) has resumed processing of employer requests for prevailing wages (PWD) and labor certification determinations for temporary and permanent employment in the United States. Although the announcement does not mention specifically the inclusion of Labor Conditions Applications (LCA), it appears employers can file them. On October 1, 2025, the federal government officially began a shutdown after Congress failed to pass a funding resolution. The OFLC’s 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.
Additionally, OFLC’s SeasonalJobs.dol.gov system, which is an online job registry of H-2A and H-2B temporary job opportunities, has been restored to full operational status.
OFLC is also taking all steps necessary to resume application processing and will post additional announcements and other technical assistance notices for all employers and other stakeholders on its website. The USDOL anticipates an increase in requests for assistance from employers and other stakeholders. This means some users may experience longer than normal processing and response times. Employers should be prepared for any inconvenience this may cause and be patient as the OFLC transitions back to full operational status.
The message from the OFLC is specific to the operational status of the FLAG system and is a signal to users that normal business processes related to foreign labor applications are resuming. However, although this is very welcome news, employers should be cautious because after a month of operational delays, it is likely to take much longer for the OFLC to resolve all issues caused by the delays. While shutdowns are not new, the current one came with widespread consequences due to the interconnectivity existing today between federal agencies, employers, and foreign nationals linked to the U.S. immigration system.
All employers and stakeholders relying on foreign national employees must act immediately and verify the status of their cases. For employers and stakeholders, the shutdown means far more than a political standoff between Republicans and Democrats, as it has critically impacted the hiring of foreign talent and, in some instances, the extension and changes of status, visa processing, and compliance obligations in connection with foreign national employees. The FLAG system plays a critical role in employment-based immigration.
