What Happens to BALCA Appeals Paused by the 43-Day Shutdown?

(UNITED STATES) The Board of Alien Labor Certification Appeals paused all case activity during the 43-day 2025 government shutdown, leaving pending BALCA appeals frozen with no adjudications and no case movement until the Department of Labor resumed full operations.

Employers, workers, and attorneys with appeals tied to PERM labor certifications reported receiving no decisions or scheduling during the funding lapse. They were told that any questions about appeal timing or instructions must go to BALCA directly. The Office of Foreign Labor Certification (OFLC), which handles PERM and prevailing wage processing, extended its own response windows tied to filings, but it did not extend or toll deadlines for BALCA appeals. That line remained firm throughout the shutdown and after operations restarted.

Shutdown length and differing policies

The shutdown lasted 43 days. OFLC added an automatic extension of 33 days to account for lost time in its own processing, but that policy did not apply to the appeals level.

According to analysis by VisaVerge.com, the Department of Labor drew a clear line between OFLC’s case management and the independent appeals docket, stressing that OFLC doesn’t have the legal authority to shift or change deadlines set by BALCA. Appellants who assumed a matching grace period on appeal matters found there was none.

Several immigration lawyers advised clients to re-check all appeal-related correspondence to ensure no confusion about dates, because missing a filing could have serious consequences for a worker’s job offer or an employer’s hiring plan.

Backlog and timeline impact after reopening

When the shutdown ended and BALCA resumed operations, cases did not jump forward immediately. Instead, a backlog formed from the period of inactivity.

The agency—within the Department of Labor’s Office of Administrative Law Judges (OALJ)—must now work through prior appeals alongside newer filings. That has left many appellants bracing for longer timetables than the shutdown alone would suggest.

VisaVerge.com reports that even routine steps in the appeals process could see spillover delays while the docket is rebuilt and hearings are sequenced, compounding uncertainty for employers and foreign national employees already navigating tight corporate and personal timelines.

Communication channels and instructions during the pause

During the shutdown, communication emphasized what appellants should and should not expect. Parties were instructed to contact BALCA directly for anything related to:

• appeal deadlines
• appeal status
• scheduling questions

The recommended channel remained the same throughout the pause and after operations resumed: [email protected]. That address, maintained by the Department of Labor’s administrative adjudication arm, is the official pathway for questions when appeal notices are unclear or when parties need to confirm due dates issued before the funding lapse.

The Department also directs the public to its Office of Administrative Law Judges site for status updates and procedural postings. The official page is available at the U.S. Department of Labor Office of Administrative Law Judges.

Division of authority: OFLC vs. BALCA

It’s important to note the structural separation:

• OFLC: handles initial labor certification steps (PERM applications, prevailing wage requests) and may grant processing flexibility for filings it controls.
• BALCA: reviews disputes and appeals independently and controls appeal schedules and deadlines.

The shutdown did not change that division. Stakeholders were reminded that if an appeal notice from BALCA set a due date before or during the shutdown, that date still governs unless BALCA issues a new scheduling order. There was no automatic grace period for appeal submissions, motions, or briefs.

Practically, this places the burden on appellants to stay alert and to act quickly once BALCA confirms next steps.

Practical consequences for employers and employees

For families and employees waiting on appeal outcomes, the effects are tangible:

• A pending BALCA decision can influence whether a company can complete a green card sponsorship for a team member.
• A delayed ruling can push back later filings tied to permanent residence.
• Employers face workforce planning gaps; some reviewed or adjusted start dates and rebalanced teams.
• Foreign national employees reconsider travel and status plans that depend on the timing of a successful labor certification path.

Appellants describe a daily routine of checking shared inboxes and conferring with counsel to ensure nothing falls through the cracks as operations normalize.

Recommended actions and key takeaways

Seasoned practitioners’ guidance is straightforward:

1. Treat BALCA deadlines as controlling unless you receive a written notice from BALCA changing them.
2. If unclear about due dates or scheduling, email [email protected] to request confirmation.
3. Maintain close contact with counsel and set internal reminders for appeal-related deadlines.
4. Keep written records of all communications with BALCA.

Important: Pending BALCA appeals were on hold during the 43-day 2025 government shutdown and remained so until the Department of Labor resumed full operations. There were no automatic deadline extensions for BALCA appeals, even though OFLC extended its own response times. A backlog is expected as dockets restart.

VisaVerge.com notes that the most immediate pressure falls on appeals with briefing schedules that straddled the shutdown, where parties may be asking whether prior due dates still bind or whether BALCA will issue updated orders. Until BALCA communicates otherwise, the working assumption remains that original appeal schedules stand.

For now, appellants across the United States 🇺🇸 are watching inboxes and waiting for the appeals board to work through the cases stacked during the pause, one decision at a time.