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Documentation

H-1B Employers Can File New Applications as FLAG Returns to Service

FLAG returned to full operation on October 31, 2025, restarting LCA, prevailing wage, and PERM processing. OFLC reported initial certifications and warned of short-term delays and increased support demand. Employers should monitor FLAG, expect longer response times, and adjust hiring timelines accordingly.

Last updated: November 5, 2025 9:56 pm
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Key takeaways
FLAG fully restored on October 31, 2025, allowing employers to file new LCAs and related applications.
OFLC resumed processing H-1B LCAs, prevailing wage determinations, and PERM labor certifications; first certified LCAs already issued.
OFLC warns of higher help-desk volume and possible short-term delays in uploads, password resets, and status updates.

(UNITED STATES) The Department of Labor restored full access to its Foreign Labor Application Gateway (FLAG) on October 31, 2025, allowing employers to file new Labor Condition Applications (LCAs) after a shutdown pause that had halted filings and slowed decisions across several programs.

The resumption means the FLAG system is fully operational again, and the Office of Foreign Labor Certification (OFLC) has restarted processing for H-1B LCAs, prevailing wage determinations, and PERM labor certifications. Employers and their attorneys spent much of the week checking system status and re-queuing cases they had drafted but could not submit during the federal government shutdown. Those with time-sensitive hiring plans focused on LCAs needed to support H-1B, H-1B1, and E-3 petitions.

H-1B Employers Can File New Applications as FLAG Returns to Service
H-1B Employers Can File New Applications as FLAG Returns to Service

The first newly certified LCAs have already been issued since the system came back online, according to the department.

OFLC statement and operational restart

In a formal message, the agency 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.”

The statement, circulated across employer channels and immigration counsel networks, underscored that OFLC operations were resuming at scale and that the workflow for open files — including pre-shutdown submissions — had restarted. While the move lifted immediate uncertainty for companies that rely on the portal, the department cautioned that users should expect a higher volume of assistance requests as the backlog clears and new filings come in.

Why the restart matters

  • A certified LCA is required before employers can file H-1B petitions with U.S. Citizenship and Immigration Services.
  • Many HR managers had draft LCAs ready to go and moved ahead once FLAG reopened.
  • OFLC noted examples of a 10-day turnaround for LCAs filed before the shutdown — an early sign of momentum for employers watching the queue.

Core features — preparing, submitting, and tracking new and pending applications — are active again, and status updates began appearing for cases that had been stuck during the pause.

Short-term impacts and expectations

OFLC signaled that response times could lengthen in the short term because of the rush. The office anticipates:

  • Increased help desk traffic
  • More technical support requests
  • Intermittent lags for operations such as password resets, document uploads, and status refreshes

Practical effects may include extra days for some LCAs and longer waits for prevailing wage notices and PERM steps. Employers with firm start dates or offer deadlines are adjusting internal timelines accordingly.

Coverage across visa categories and sectors

The restart also benefits hiring plans tied to H-1B1 and E-3 categories, which also require certified LCAs. Sectors that commonly rely on these programs include:

  • Technology
  • Healthcare
  • Finance
  • Higher education

With FLAG back online, teams can certify wages and conditions, post required notices, and assemble paperwork for next steps. The pipeline for new hires, role changes, and location updates that require fresh LCAs is being restored.

Prevailing wage determinations and PERM filings

Beyond LCAs, the restart covers tools employers use to request prevailing wage determinations and to file PERM labor certifications. These steps are central to long-term workforce planning and green card sponsorship.

  • Companies with pending wage requests or PERM filings can now see progress and submit new applications.
  • The OFLC note about higher assistance requests reflects the reality that a return to service creates a wave of demand that needs time to settle.

Practical guidance and monitoring

The Department of Labor urged users to monitor technical advisories and use official channels. OFLC said the best source for system status and guidance is the FLAG website, where users can log in, review case activity, and pull official notices.

💡 Tip
Stagger new LCA filings over several days and track each case in FLAG to avoid system surges and ensure same-day sign-offs where possible.

Employers will watch a few basic markers inside the FLAG interface to gauge system stability:

  1. Speed of login and session timeouts
  2. Timing of email receipt after submission
  3. Appearance of status changes for pending cases

The most direct source of updates is the FLAG website.

Contingency planning and employer responses

During the shutdown, immigration counsel prepared contingency plans and drafted LCAs for immediate filing once FLAG reopened. Tactics employers are using now include:

  • Staggering filings over several days to avoid surges
  • Building extra time into internal sign-off processes to allow same-day filing when ready
  • Communicating potential delays in start dates or internal transfers to managers

These are practical responses designed to adapt to an uncertain window rather than long-term strategy changes.

Seasonal programs and other portals

The restart included the SeasonalJobs.dol.gov portal, which supports H-2A and H-2B temporary job postings. That site’s return helps:

  • Farm operators and seasonal businesses post roles tied to planting, harvesting, tourism, and construction cycles
  • Recruiters move forward with postings that feed into visa processes managed by other agencies

Though H-2 programs follow different requirements, synchronized returns across portals reduce the chance of bottlenecks.

Impact on workers and families

The human stakes are clear: certified documents drive start dates, relocations, and long-term sponsorship plans. Delays can affect housing, schooling, and travel plans for employees and families.

As one immigration manager summarized: when the FLAG system is up, people’s lives move forward; when it is down, everything waits.

Backlog, queue order, and processing rhythm

⚠️ Important
Expect a spike in help desk and technical support requests; anticipate longer response times for password resets or status updates as the backlog clears.

OFLC did not provide a final count of affected LCAs, PERM, or prevailing wage filings. The department’s example of a 10-day turnaround for a pre-shutdown LCA suggests the queue is resuming processing order.

  • Systems typically reconcile timestamps and processing order after an interruption.
  • Older cases may see action first; those further back may face an initial surge and then gradual return to normal timeframes.

The FLAG system being the single gateway for several OFLC programs gives it an outsized effect on immigration casework across industries.

Compliance and internal checks

The restart renews attention to routine compliance steps tied to filing LCAs, including:

  • Wage level reviews
  • Job title accuracy
  • Posting requirements and documentation

These checks protect U.S. workers while enabling employers to sponsor specialized talent and depend on uninterrupted portal access and timely OFLC action.

Final notes and next steps

  • OFLC confirmed users can now submit and receive information associated with pending applications, including responses to requests for evidence and corrections.
  • Legal teams regain visibility into which cases are close to decision and which need more time.
  • The core news is clear: the portal is open and processing is live.

Near-term priorities for employers, workers, and representatives:

  1. Work the cases and watch status updates
  2. Follow OFLC guidance and technical notices on the FLAG website
  3. Build in flexibility for timelines as the workflow settles

With the FLAG system back and processing active, teams can resume end-of-year hiring, budgeting, and staffing decisions that were on hold during the shutdown.

VisaVerge.com
Learn Today
FLAG → Foreign Labor Application Gateway, the Department of Labor’s portal for LCAs, prevailing wage requests, and PERM filings.
LCA → Labor Condition Application, a required certification employers must obtain before filing most H-1B, H-1B1, and E-3 petitions.
PERM → Program Electronic Review Management, the process for employer-sponsored permanent labor certification toward green cards.
Prevailing Wage Determination → An official determination of the appropriate wage level for a job in a specific geographic area to protect U.S. workers.

This Article in a Nutshell

On October 31, 2025, the Department of Labor fully restored the FLAG portal, allowing employers to file new LCAs and resume processing for H-1B LCAs, prevailing wage determinations, and PERM certifications. The OFLC reported that the first certified LCAs have been issued and warned of a short-term surge in help-desk requests, technical assistance needs, and possible delays such as upload lags and password resets. Employers should monitor FLAG for status updates, stagger filings to avoid surges, and build flexibility into hiring timelines while operations normalize.

— VisaVerge.com
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