(UNITED STATES) The Department of Labor resumed full Labor Condition Application processing on October 31, 2025, ending a month-long DOL shutdown that left employers unable to file required paperwork for H-1B workers. The restart immediately reopened the path for employers to submit new LCA (Labor Condition Application) filings and, once certified, move forward with an H-1B transfer petition.
Employers and H-1B professionals who had job changes on hold said the outage froze plans and caused weeks of uncertainty. The return of normal operations means filings can now proceed as soon as the LCA (Labor Condition Application) is approved. There is no extra waiting period beyond certification — a certified LCA is a required first step before any H-1B petition, including an H-1B transfer, can be filed with U.S. Citizenship and Immigration Services.
What happened during the shutdown
- Employers could not access the Foreign Labor Application Gateway (FLAG), the online platform used to submit and receive LCA certifications.
- Without FLAG access, companies trying to hire or onboard an H-1B employee at a different worksite could not start the process, even if other parts of the case were ready.
- USCIS continued to process petitions already filed before the outage, but the agency does not accept new H-1B filings without a certified LCA. That bottleneck effectively stopped H-1B transfer filings.
With FLAG back online, the backlog begins to move again: employers can file new LCAs and, after certification, submit H-1B transfer petitions without delay.
Can employers file immediately?
The practical question for many employers was: can we file now, or do we need to wait for systems to settle? The answer is direct:
- As soon as the DOL’s systems fully resumed and the employer received the certified LCA, the H-1B transfer could be filed with USCIS right away.
- There is no rule requiring any additional waiting period beyond certification.
- The gating item is the certified LCA itself.
Real-world impacts on employers and workers
The restart date arrived after weeks of paused hiring plans and stalled job transitions.
- Employers had prepared offer letters, wage documentation, and worksite details, but could not submit the H-1B transfer petition without filing and obtaining the LCA certification first.
- Workers faced delayed start dates and uncertain timelines. Some stayed with current employers longer than planned while waiting for LCA processing to resume.
- Now, many employers are launching a concentrated effort to file as soon as their LCAs are certified.
How to prepare during the restart surge
Preparation during the shutdown matters. Employers that drafted the H-1B transfer package while FLAG was offline can now move quickly.
Common pre-filing tasks employers completed during the outage:
– Draft employer support letters
– Review and confirm wage levels
– Organize and verify worksite addresses to match the LCA
Benefits of this preparation:
1. When the certified LCA arrives, the petition can be submitted immediately.
2. Faster filing reduces the risk of delays in staffing, budgets, and project timelines.
Note: Filing speed matters more as case volumes surge after an outage. The legal rules require no extra wait, but practical timelines depend on how quickly a certified LCA is obtained and how fast the employer finalizes the petition.
Who controls what in the process
- The DOL controls LCA intake and certification through FLAG.
- USCIS controls the petition review stage.
The DOL shutdown disrupted only LCA processing, but that was sufficient to halt new petitions. With LCA processing back online, the path to USCIS reopens.
Expect some backlog and variable timelines
The FLAG system returns to a queue of pending and newly prepared LCAs. Employers should expect:
- Pressure on LCA timelines as the DOL clears the application queue
- Variability in certification speed — some LCAs may be certified quickly, others may take longer
- A one-time bulge pushing into November as filings surge
Employers who prepared during the outage will likely file earlier; those less ready may file later.
Expect some patience during the first days back online. Policy allows immediate filing once the LCA is certified, but operational bottlenecks may slow actual turnaround.
Practical filing checklist and counsel advice
Immigration counsel recommend preparing the H-1B transfer package as far as possible while waiting for LCA certification. Key tasks include:
- Drafting the employer support letter and confirming job duties
- Validating the offered wage and ensuring it matches the LCA
- Ensuring the worksite address in the petition matches the LCA
- Preparing shipping labels, checks, or online credentials and payment details in advance
When the certified LCA arrives, file the petition right away to avoid losing time in a high-volume week.
USCIS requirements and resources
USCIS reiterates: no petition is complete without the required certified LCA. Employers filing an H-1B transfer must include the certification and the petition package, typically on Form I-129.
- Form reference: Form I-129
The petition filing triggers the review process and, in many cases, the worker’s ability to start or continue in the new role under portability rules after receipt.
Common mistakes to avoid
When volumes are high, small errors can slow a case. Ensure:
– The worksite address in the petition matches the LCA exactly
– The offered wage in the petition matches the wage listed on the LCA
– The certified LCA is attached in a clear, readable format
Clean presentation helps USCIS officers confirm the legal requirement quickly and reduces the chance of delays.
Questions about exceptions and late filings
Some employers asked whether USCIS might excuse late filings due to the outage. Officials have suggested a shutdown may count as an “exceptional circumstance” in limited contexts (e.g., certain extensions or change-of-status cases where filing was impossible through no fault of the applicant).
Important points:
– This potential flexibility does not replace the LCA requirement for H-1B transfers.
– Employers should not rely on a broad exception to file without a certified LCA.
– The starting point for any H-1B transfer remains the certified LCA.
Where to confirm FLAG access and file LCAs
To confirm FLAG access and learn more about filing an LCA now that systems have resumed, employers can visit the Department of Labor portal:
Officials urge employers to ensure account credentials are active and to update any drafts created before the outage.
What this means for workers and employers
- Hiring plans that paused can resume; workers with offers and a certified LCA can ask employers to file the H-1B transfer immediately.
- Families planning moves, schooling, or travel tied to job changes should expect some lingering backlog-related delays in onboarding and training.
- The quickest lawful route is straightforward: obtain the certified LCA, complete the petition packet, file the petition.
VisaVerge.com summarizes the path forward into two steps:
1. Secure the certified LCA.
2. File the petition without delay.
That remains the practical and legal approach.
Final takeaway
- The DOL’s return on October 31, 2025 restored full LCA processing.
- The linchpin for H-1B transfers is and always has been the certified LCA.
- Once an employer has the certified LCA, the H-1B transfer petition can be filed the same day.
- Expect a busy week of filings and some pressure on processing times, but the legal rule is clear: file as soon as the LCA is certified.
Frequently Asked Questions
This Article in a Nutshell
On October 31, 2025 the DOL restored full LCA processing after a month-long FLAG shutdown that stalled H-1B transfers. Employers can now file new LCAs and, once certified, immediately submit H-1B transfer petitions to USCIS—no additional waiting period applies. The outage created backlog and delayed onboarding; employers who prepared petition packages during the outage can move quickly. Expect variable certification timelines as DOL clears a surge of filings; accurate documentation and matching LCA details remain crucial.
