What Happened to PERM Audits During the 2025 Government Shutdown

(UNITED STATES) The Department of Labor restarted PERM processing on November 3, 2025, after a month-long government shutdown froze audited cases nationwide, preventing employers from filing responses or receiving decisions. The Office of Foreign Labor Certification (OFLC), which runs the program, furloughed non-essential staff and disabled the FLAG portal during the lapse in federal funding, pushing thousands of applications into limbo.

Companies say the halt hit hardest for files already in audit status, where strict response clocks normally apply and workers watch timelines closely. Attorneys reported clients stuck mid-upload as the system went dark on October 1. When funding returned in early November, the agency outlined limited relief and warned of delays, setting the stage for a slow, uneven restart that will spill into 2026 backlogs.

What an audit means in PERM

An audit in the PERM process is a deeper check requiring employers to send:

• Recruitment proof
• Business details
• Other records to show no qualified U.S. worker was available

Normally, HR teams and counsel upload that evidence through FLAG and track the due date closely. During the shutdown, those channels were sealed, so no audit responses could be submitted and no decisions issued.

The pause arrived as many companies faced year-end planning, raising the risk that stalled audits would affect start dates, promotions, or travel. People living on temporary visas said the uncertainty felt personal, not abstract policy. Work projects paused, school plans shifted, and families put big choices on hold while PERM processing stood still under the broader government shutdown and audit-status limbo.

Department of Labor’s accommodations after reopening

When operations resumed on November 3, the Labor Department implemented accommodations targeted at audited cases:

• The agency added an automatic grace period for responses due between October 1 and November 2.
• Affected employers received 33 calendar days beyond their original due dates to assemble and file audit packets through FLAG.
• No special request was required; the extension applied uniformly.

Companies welcomed the breathing room, yet many said it only offsets the lost month, not the queue that grew while systems were offline. Counsel recommended using the extra days to tighten exhibits, verify dates, and anticipate common officer questions rather than simply waiting until the new deadline.

Important: The extension is limited to response deadlines that fell between October 1 and November 2. It does not change other PERM filing windows or regulatory requirements.

Ongoing delays and backlog implications

Even with FLAG back online, delays were inevitable. Before the shutdown, audited PERM cases already moved slowly, with average review times around 498 days from audit issuance to decision — far beyond the three-to-six-month window many employers recall.

Key operational impacts:

1. Officers must re-sequence files and accept a wave of newly filed responses.
2. Staff must coordinate workloads interrupted by furloughs.
3. Some files will move quickly; others may sit while staff address earlier items.

This unpredictability complicates forecasting for HR teams planning offers and start dates over the next quarter.

Employer obligations remain unchanged

Regulatory obligations did not change during the funding lapse. The department has not signaled any waiver of audit content. Employers must still:

• Maintain recruitment files
• Keep ads and resumes organized
• Preserve interview notes and business records for inspection

These expectations mattered while FLAG was offline because officers often ask for clarifications on dates, media outlets, and job requirements. If a company treated the shutdown as a pause in preparation, gaps can appear when reviews resume.

Counsel urge teams to:

• Double-check exhibits
• Confirm recruitment steps fall within required windows
• Ensure job descriptions match the role offered to the foreign worker

Doing this work now may save weeks later if an officer issues a follow-up request once audit status fully reactivates.

Sector-specific effects and operational strain

The slowdown has been felt across sectors:

• Technology employers with large filing volumes saw dozens of audits freeze overnight.
• Hospitals and universities reported timelines slipping into next year for hard-to-fill roles.
• Smaller firms struggled to reassure foreign hires amid blank progress screens.

Inside law practices, paralegals and attorneys shifted calendars, prepped binders offline, and then sprinted once FLAG reopened. The result is a second surge of work in early November, with many responses now targeted to the new extended dates.

For some workers, this means:

• Pushing back travel
• Delaying promotions
• Holding off on moves until an audit decision clears

The operational strain is real, even when everyone understands the cause and its lingering effects.

Analysis from VisaVerge.com

According to VisaVerge.com, audited PERM processing is uniquely vulnerable to outages because evidence is time-stamped and recruitment windows are fixed. Examples of time-sensitive items:

• Employer address corrections
• Replacing missing ad tear sheets
• Uploading website posting logs

VisaVerge.com reports the one-month stall compounded a year already marked by slower adjudications and closer review of certain roles, including hybrid and remote positions. The site expects pressure on timelines through at least the first quarter after reopening, with more questions likely on:

• Job duties
• Minimum requirements
• How the labor market was tested

Clarification on program clocks

Many employers asked whether the automatic extension altered other program clocks. Practitioners say:

• The extra time applies only to audit responses due between October 1 and November 2.
• It does not rewrite separate filing windows built into the PERM rule.

Best practice: treat the added days as breathing room to improve the response, not as a reason to delay. Organize exhibits, label files clearly, and align job descriptions with business need to shorten potential follow-up exchanges.

Official resources

For official guidance and program information, the Department of Labor provides details on audits, response expectations, and electronic filing through its Permanent Labor Certification (PERM) page. The overview explains the role of the Office of Foreign Labor Certification and points employers to the FLAG portal for submissions after systems resume.

Consult the government’s description and resources at Permanent Labor Certification (PERM) for baseline requirements and general updates the agency posts when operations change after funding events.

Key takeaways

• The shutdown caused a nationwide freeze of audited PERM cases from October 1 through November 2, 2025.
• OFLC provided an automatic 33-day extension for responses due during that window.
• The extension does not change other PERM filing windows or regulatory obligations.
• Backlogs and uneven processing are likely to persist into 2026; employers should plan conservatively.
• Immediate steps for employers:
  • Keep recruitment records complete and well-organized
  • Use the extension to strengthen exhibits and documentation
  • Communicate early with candidates and set conservative timelines
  • Monitor FLAG for status changes and officer follow-ups

The United States has seen funding lapses slow immigration work before, but this shutdown collided with an audit-heavy docket and a full portal shutdown, making the shock sharper. Progress resumes, but patience remains essential after an unprecedented audit-status freeze nationwide.