When Will DOL Resume LCA Processing for H-1B Visas After Shutdown

(UNITED STATES) The U.S. Department of Labor resumed processing Labor Condition Applications after a month-long shutdown pause, restoring the FLAG system and restarting certifications for H-1B visas on October 31, 2025. The Office of Foreign Labor Certification said its online portal went fully operational the same day, opening the door for employers to file new Labor Condition Applications (LCA) and move forward with H-1B petitions that require a certified application as a legal prerequisite.

The restart ends a stretch beginning October 1 when the FLAG system was offline and companies could not submit, amend, or receive decisions on pending filings. That outage halted a key step for employers with immediate hiring needs and workers waiting for extensions or changes to employment. Officials also confirmed that operations restarted for H-1B1 and E-3 categories alongside H-1B, ensuring the full suite of specialty occupation pathways came back online together.

Immediate operational effects and priorities

Employers and immigration lawyers had spent weeks planning for the first possible filing day, and many moved quickly once the system returned, aware that delays would ripple through cases already facing time pressure. The Department signaled it would triage cases where foreign workers face status issues, and it outlined a narrow window for late LCAs covering the shutdown period, easing some pressure on compliant employers who were blocked by the outage.

The Department will prioritize cases where foreign workers face imminent status expirations, and will accept late LCAs dated between October 1 and November 3, 2025 with a sworn statement tying the delay to the federal shutdown.

This accommodation recognizes that operations take time to normalize and aims to limit disruption for those closest to status cutoffs.

Impacts during the outage

During the shutdown, the FLAG system outage cut off the only compliant channel for submitting LCAs. Employers had no way to obtain the certification that U.S. Citizenship and Immigration Services requires with H-1B petitions.

• HR teams paused start dates, shifted project staffing, and prepared backup plans.
• Workers near expiration faced real stress because an approved LCA is required to anchor extension requests or changes of employer.
• The lack of processing produced stalled filings and uncertainty across many sectors.

With the restart, the Department said it would prioritize imminent expirations to minimize disruption.

Processing timelines and backlog expectations

The Department cautioned that backlogs would lead to longer-than-normal processing times as systems and staff returned to full pace.

• Under normal conditions, a clean and accurate LCA typically processes in about 7–10 business days.
• The shutdown will push timelines beyond that range in the short term.

Implications:
– Employers cannot file complete H-1B petitions with USCIS until an approved LCA is in hand.
– Even well-prepared cases could experience delays because a month’s worth of halted submissions will compress work for DOL adjudicators.
– The triage for imminent expirations helps, but outcomes depend on each case’s timing and completeness.

Guidance on late submissions and documentation requirements

The Department will accept late LCAs meeting these conditions:

1. The LCA is dated between October 1 and November 3, 2025.
2. The submission includes a sworn statement explaining that the federal shutdown caused the delay.

This policy sets a clear boundary for shutdown-caused late filings and emphasizes accountability. Employers are encouraged to document the impact carefully to avoid compliance issues.

Recommended documentation to support late filing:
– Internal records showing attempts to access the FLAG system.
– Notes from counsel/managers monitoring the outage and planned filing dates.
– Contemporaneous logs of efforts and communications during the outage.

Legal practitioners advise employers to flag imminent expiration scenarios within submissions so these can be triaged appropriately.

Accuracy and review practices to avoid rework

Because each LCA includes specifics (wage, job duties, worksite), even small errors can trigger corrections and delays. To reduce the risk of rejections during a high-volume recovery window, many employers and legal teams are:

• Performing second-level quality checks on job descriptions, prevailing wage sources, and worksite information.
• Auditing drafts prepared during the outage to ensure compliance with prevailing wage sources and public access file requirements.
• Documenting chains of correspondence and maintaining records showing any late window filings truly stem from the outage—not internal hold-ups.

Effect on H-1B1 and E-3 categories

The restart also restored LCA processing for H-1B1 and E-3 filings (Chile, Singapore, and Australia). That synchronized reopening allows firms using multiple categories to resume across teams rather than prioritizing one stream.

• The initial surge will be concentrated on H-1B due to its larger volume.
• Multinationals are coordinating approvals and vendor support to submit as slots open.
• Managers must ensure LCA certification is obtained before any petition filing to USCIS.

Practical consequences for employers and workers

The roughly one-month outage created bottlenecks that will take time to unwind.

• Employers with multiple LCAs queued for different roles and locations must ensure precise inputs to avoid corrections.
• Project planning, client commitments, onboarding schedules, travel, and housing decisions for workers and families may be affected.
• Some companies have provided interim arrangements to keep projects moving, but legally a certified LCA remains required before filing an H-1B petition.

Employers are asked to:
– Communicate updated travel plans, status expiration dates, and worksite details promptly.
– Keep public access files and postings accurate and current.

OFLC-wide restart and broader context

The Department emphasized that all Office of Foreign Labor Certification operations restarted on October 31, not just LCA processing.

• That matters to firms with cases across different programs and stages.
• The Department’s guidance focuses on: longer processing times, priority for imminent expirations, and the limited late-filing window with required sworn statements.

Companies are advised to maintain records showing any LCA in the late window resulted from the outage. Those records may be important later if questions arise about posting dates, public access file completeness, or timelines.

Operational takeaways and next steps for filers

Practical steps for employers and counsel now:

1. Prepare accurate LCAs with clean, consistent data (wage source, job description, worksite).
2. If filing within the late window, include the required sworn statement linking delay to the shutdown.
3. Flag cases with imminent status expirations so they can be triaged.
4. Perform second-level reviews before upload to minimize corrections and resubmissions.
5. Keep detailed records of outage-related attempts, communications, and intended filing dates.

The restart pivoted employers from contingency planning back to action. The mailbox is open; the queue is heavy. Complete and consistent filings will move fastest through the backlog.

Where to find official information

For official status updates, filing access points, and program details, users should consult the Department’s Foreign Labor Application Gateway, which remains the central portal for managing LCA submissions and for public-facing alerts during this recovery period.

Final reminder:
– The FLAG system is fully online as of October 31, 2025, but expect slower-than-usual response times while the Department clears the backlog created during October.