DOL Pauses Some PERM Processing Ahead of Government Shutdown January 30, 2026

(UNITED STATES) — PERM employers and workers are watching a possible government shutdown closely ahead of January 30, 2026, because a funding lapse can stop key Department of Labor steps that many employment-based green card cases need before USCIS filings can move forward.

This guide explains what a shutdown can mean for PERM (labor certification), what happened in the 2025 shutdown, and how to prepare your documentation and timing so your case does not lose weeks or months.

Form guide: PERM labor certification (Form ETA-9089) and the USCIS filings it unlocks

For most employer-sponsored green cards in the EB-2 and EB-3 categories, PERM is the first major gate. PERM itself is filed with the U.S. Department of Labor (DOL) through the Office of Foreign Labor Certification (OFLC).

USCIS filings usually follow after PERM is certified. Below is a quick reference to the PERM step and related USCIS steps, including fees and where to file.

⏱️ Shutdown timing: The current funding deadline is January 30, 2026, at 11:59 PM. A lapse can pause DOL/OFLC functions quickly, even if many USCIS functions continue.

1) Overview: shutdown threat timing and what “lapse in appropriations” means

A partial shutdown happens when Congress does not pass funding for certain agencies by the deadline. Some functions continue if they are “excepted,” while others pause.

Paused functions often mean furloughs, reduced communications, and systems going offline. For employment-based immigration, the operational split matters.

DOL’s OFLC functions that support PERM are typically tied to annual appropriations. USCIS is primarily fee-funded, so many USCIS case types keep moving.

Still, a DOL pause can block the prerequisite steps that make certain USCIS filings possible. If your employer is in PERM recruitment now, or planning to file ETA-9089 soon, timing can affect your priority date and the validity of recruitment steps.

2) Impact on PERM processing during a shutdown

When OFLC operations pause, PERM work can stop immediately. That impacts cases already filed and cases that were about to be filed.

In practical terms, a shutdown can mean no adjudication of pending ETA-9089 cases, no meaningful case actions on audits, RFIs, or reconsideration requests, and slowed or halted communications including helpdesk responses.

• No adjudication of pending ETA-9089 cases.
• No meaningful case actions on audits, RFIs, or reconsideration requests.
• Communications slow down or stop, including email and helpdesk responses.
• Online filing interruptions, including possible DOL system downtime.

If DOL takes the FLAG system offline, employers and attorneys may be unable to file new ETA-9089 PERM applications, upload audit responses, submit or receive Prevailing Wage Determinations (PWDs), or obtain Labor Condition Application (LCA) certifications needed for H-1B filing.

That creates a backlog that does not disappear when the government reopens. Many employers see longer queue times after operations resume.

⚠️ Common mistake: Waiting until the last day to file ETA-9089. If systems go offline, you may miss your filing window and lose time in the green card process.

3) Priority dates and recruitment validity: what could change

Priority date basics in PERM cases

For PERM-based EB-2 and EB-3 cases, the priority date is generally the date the PERM application is filed. That date can control your place in line for a green card number under the Visa Bulletin.

If a shutdown prevents filing ETA-9089, you may not lock in the priority date when planned. Even a short pause can matter in backlogged categories.

Recruitment validity windows and expiration risk

PERM has strict timing rules. Recruitment steps must fit within required windows, and employers must file ETA-9089 within the allowable period. A shutdown can create risk if recruitment steps fall outside allowed timing by the time filing resumes.

A PWD or recruitment validity period could expire while DOL systems are unavailable. Agencies sometimes announce accommodations after reopening, such as grace periods or deadline relief.

You should not assume relief will happen. Wait for official DOL instructions before treating an expired deadline as protected.

4) Historical context: the 2025 shutdown and accommodations

The prior shutdown from October 1 to November 2, 2025 is a useful reference point for how OFLC may respond after reopening. During that period, DOL case handling and intake were heavily disrupted.

After funding returned, OFLC announced emergency procedures and deadline accommodations. Those included automatic extensions for certain responses due during the shutdown period and allowing certain filings that would have otherwise expired during the shutdown if filed within a specified grace period.

OFLC also used manual handling for some submissions tied to postmark dates. Past accommodations help set expectations, but they are not a guarantee. Each shutdown has different facts, system availability, and agency instructions.

5) USCIS vs. DOL: why the difference matters for your case

USCIS is largely fee-funded. That means many USCIS operations can continue even during a shutdown. Examples include adjudication of Forms I-140 and I-485, biometrics scheduling, and some customer service functions.

However, DOL outputs are often prerequisites for USCIS filings. PERM certification is required before the employer can file many EB-2 and EB-3 Form I-140 cases, and a certified LCA is required before filing many H-1B petitions.

So even if USCIS stays open, a DOL pause can still stall the pipeline. Your employer may be ready to file with USCIS but cannot do so without the DOL certification.

6) Official guidance to monitor (DOL, DHS, USCIS)

During shutdown threats, check for three categories of updates: systems status, deadline relief, and office closures. Monitor communications from DOL/OFLC, DHS, and USCIS closely.

Watch for these signals: DHS contingency planning and operational notices; DOL/OFLC communications regarding PERM and FLAG system status; and USCIS operational notices about service availability and office closures.

Office closures can affect biometrics and interviews, even when USCIS remains open. Monitor: https://www.uscis.gov/about-us/uscis-office-closings

Also check your case status and notices through your USCIS online account at my.uscis.gov.

📋 Required forms (USCIS): Download Form I-140 at Form I-140 and Form I-485 at Form I-485.

7) What to do before and during a shutdown (applicants and employers)

Before January 30, 2026 (if you can act now)

1. Confirm your recruitment calendar in writing. Track first recruitment step dates and the planned ETA-9089 filing date.
2. Prepare a “file-ready” PERM package. Many delays come from internal gaps, not government action.
3. Collect supporting documentation early. Do not wait for the last week to locate business necessity records, resumes, and recruitment proof.
4. Plan for system downtime. If filing must occur by the deadline, submit before the final day. Online systems can slow down.

During a shutdown

1. Assume OFLC case actions may pause. Plan for no adjudications and limited responses until funding returns.
2. Preserve every document and timestamp. Save postings, ads, screenshots, email confirmations, and internal approvals.
3. Do not guess about deadline relief. Wait for OFLC’s reopening guidance before relying on any grace period.
4. Map the downstream USCIS impact. If your I-140 depends on PERM certification, discuss revised start dates and travel plans early.

Eligibility requirements (who uses PERM and when)

PERM is generally required when an employer is sponsoring you for an EB-2 or EB-3 green card that requires labor certification, the job is a permanent, full-time position in the United States, the employer will test the U.S. labor market through required recruitment, and the employer will pay at least the prevailing wage for the position.

PERM is generally not used for many EB-1 cases or many NIW (National Interest Waiver) cases where labor certification is waived.

Step-by-step filing instructions (PERM and the USCIS sequence)

1. Employer requests a Prevailing Wage Determination (PWD) through DOL.
2. Employer conducts PERM recruitment and keeps a detailed audit file.
3. Employer files ETA-9089 in the FLAG system.
4. If PERM is certified, the employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS.
5. When eligible under the Visa Bulletin, the worker files Form I-485, Application to Register Permanent Residence or Adjust Status, or uses consular processing.

Required supporting documents (PERM audit file essentials)

For USCIS stages, keep copies of certified PERM, signed Form I-140 package, and later I-485 supporting civil documents.

💰 Fees note: PERM has no DOL filing fee, but USCIS filings do have fees. Verify the correct amount at USCIS fees. Wrong fees can cause rejection.

Common mistakes to avoid

• Filing ETA-9089 too close to an expiration date or deadline.
• Missing a recruitment step or using inconsistent job requirements.
• Keeping incomplete recruitment proofs in the audit file.
• Assuming USCIS progress means DOL steps are safe during a shutdown.
• Relying on rumored “automatic extensions” without written agency guidance.

Next steps (do this now)

1. Confirm whether your case is in PWD, recruitment, or ETA-9089 filing stage, and list all expiration dates.
2. If ETA-9089 is ready, discuss filing before January 30, 2026, at 11:59 PM to reduce shutdown risk.
3. Track official notices from DOL and USCIS daily until funding is resolved.
4. For USCIS stages, download current editions of Form I-140 and Form I-485 from uscis.gov, and confirm fees.

📋 Official Resources: Download forms at USCIS forms. Check processing times at USCIS processing times. Fees and processing times are subject to change—always verify current information at https://www.uscis.gov.