Pending PERM Certifications During a Government Shutdown

The Department of Labor’s Office of Foreign Labor Certification has confirmed that during a federal government shutdown, it stops processing all pending PERM Labor Certification cases, halts new filings, and deactivates its online systems. That stoppage affects employers and foreign professionals across the United States 🇺🇸 who rely on certified labor applications to move forward with green card sponsorships and certain work visas. The shutdown pause remains in place until the government reopens and the agency resumes normal operations.

What happens to OFLC processing during a shutdown

At the core, the rule during a shutdown is simple and strict: no processing takes place at the Office of Foreign Labor Certification (OFLC). That means:

• Employers cannot file new PERM applications.
• Cases already in the queue do not move.
• The Department of Labor’s electronic platform—the FLAG system—is shut off and not accessible.

When the system is down, there is no way to submit filings, get status updates, respond to requests, or receive decisions.

Important: There is no alternative filing channel for PERM or LCAs while OFLC is paused. No filings, responses, or exceptions can be processed through FLAG during a shutdown.

Impact on prevailing wage determinations and LCAs

Prevailing wage determinations are also frozen during a shutdown. Because a prevailing wage is a required step before a PERM case can be filed, this freeze has cascading effects:

• New PERM cases cannot start until prevailing wage determinations resume.
• Existing recruitment timelines may slip, potentially requiring steps to be repeated.
• Labor Condition Applications (LCAs)—which support H-1B, H-1B1, and E-3 petitions—are also affected. Without certified LCAs, employers cannot complete those visa filings that depend on Department of Labor certification.

How USCIS adjudications are affected

USCIS may continue adjudicating petitions if the necessary labor documents were already certified and uploaded before the shutdown started. However:

• Filings that depend on new labor certifications or new LCAs will not move forward until OFLC comes back online.
• In practice, this can create staggered processing inside the same employer: some petitions continue while others pause because the labor step must come first.

Practical consequences for employers and workers

Employers and workers face immediate operational and personal challenges:

• If LCAs are not processed, planned H-1B / H-1B1 / E-3 petitions are blocked at the start.
• For PERM, the impact can be deeper because recruitment and timing rules are strict, and prevailing wage is mandatory before filing.
• Delays can force companies to re-sequence hiring, extend temporary work arrangements, or postpone start dates.
• Employees waiting on PERM approvals or wage determinations may face uncertainty about green card queue placement, work authorization, and project start dates.

Planning and contingency steps (recommended)

Employers should build contingency plans that assume OFLC processing will be unavailable during a funding lapse. Key practical steps include:

1. File as early as possible before a potential government shutdown.
2. Advance filings and schedule recruitment/wage steps earlier to allow earlier submission.
3. Coordinate with counsel to prepare and double-check all needed documents in advance.
4. Where possible, secure certified labor documents ahead of a potential shutdown so some USCIS filings can proceed.
5. Communicate proactively with hiring managers and candidates about the risk of delays and shifting dates.

Advisers typically emphasize three priorities before any shutdown:

• Submit cases that are ready.
• Schedule recruitment and wage steps earlier if a funding lapse is possible.
• Manage expectations with hiring managers and candidates.

Timing, backlogs, and cascading delays

According to analysis by VisaVerge.com, pauses caused by shutdowns can stretch green card timelines in unpredictable ways because the backlog that builds must be cleared once operations resume. Even a short pause can:

• Push recruitment schedules and filing windows into later months.
• Affect downstream steps like adjustment of status or consular processing.
• Cause quarter-to-quarter hiring cycles to slip, compounding delays when multiple steps stack up (prevailing wage → recruitment → PERM filing).

System visibility and the FLAG platform

From a systems standpoint, the most visible sign of the pause is the deactivation of the DOL’s FLAG system:

• Stakeholders generally cannot log in, retrieve records, or submit responses.
• The inability to check case movement means parties may not even know if a pending case moved before the shutdown.
• When the system reopens, the queue typically resumes with higher volume due to the paused period.

Employer and applicant coordination during a shutdown

• Employers should review recruitment timing with counsel to determine whether windows risk expiring during a prolonged pause and whether steps may need to be re-run.
• Applicants should keep close contact with employers and attorneys to track shifting dates.
• If an LCA cannot be certified, workers changing employers may need to adjust start dates.
• A delayed prevailing wage can move a PERM case into a later quarter, affecting the timing of subsequent green card steps.

After operations resume

When OFLC reopens:

• Watch for updated guidance from the OFLC about how it will handle backlogs and mid-process cases.
• Employers often sequence filings to handle bursts of activity once the platform reopens.
• Workers should check promptly to confirm whether their cases have restarted and whether any deadlines now require attention.

Key takeaway: During a government shutdown, the PERM process—and related steps such as prevailing wage determinations and LCAs—stops at the Department of Labor. The FLAG system is offline, no new cases can be filed, and pending applications are on hold. USCIS may process only petitions supported by certified labor documents already in hand before the pause.

Official resources

For authoritative background and updates, the U.S. Department of Labor maintains a public page explaining OFLC programs and services. Review the agency’s guidance here:
– U.S. Department of Labor’s Office of Foreign Labor Certification

This page provides the official entry point for guidance once operations resume after a government shutdown and for updates on affected programs.