Can You File an LCA During a Government Shutdown? DOL Status Explained

Employers across the United States 🇺🇸 face an immediate halt to key hiring and visa steps if a Department of Labor shutdown occurs, as the agency’s immigration-related work stops and the government’s online filing portal goes dark. During a Department of Labor shutdown, companies cannot file Labor Condition Applications (LCAs) for H-1B, H-1B1, or E-3 workers, and the Office of Foreign Labor Certification (OFLC) suspends its operations. With the Foreign Labor Application Gateway (FLAG) offline and staff unavailable, employers lose access to LCA filing and other OFLC functions that underpin many employment-based cases.

The freeze also creates a knock-on effect at U.S. Citizenship and Immigration Services (USCIS), because an H-1B, H-1B1, or E-3 petition generally cannot be filed without a certified LCA.

Critical deadline

There is a firm deadline this fiscal year. Employers with time-sensitive cases must submit LCAs before the system closes at 11:59 p.m. Eastern Time on September 30, 2025. OFLC is currently taking about seven days to certify LCAs, so companies with urgent start dates or approaching expiration dates should act immediately.

If the deadline passes without submission, new filings cannot be made until Congress restores funding and the Department of Labor reopens its platforms and services.

What stops during a DOL funding lapse

When funding lapses, OFLC fully ceases its immigration work. In practical terms, all immigration-related processing at the Department of Labor stops. That includes:

• Labor Condition Applications (LCAs) for H-1B, H-1B1, and E-3 cases
• PERM labor certifications
• Prevailing wage determinations
• All other foreign labor certification processes

The stoppage is total: the FLAG system becomes completely inaccessible. During the shutdown, companies and representatives cannot:

• File new LCA applications
• Access the system to print approved applications
• Take any actions within the FLAG system
• Receive responses to inquiries from Department of Labor personnel

Because an LCA is a required foundation for H-1B, H-1B1, and E-3 filings, a Department of Labor shutdown immediately blocks new USCIS submissions in those categories. Without a certified LCA, employers cannot file:

• H-1B petitions (including new hires, extensions, and transfers)
• H-1B1 petitions
• E-3 petitions

Ongoing DOL matters do not move during the shutdown either. Proceedings at the Board of Alien Labor Certification Appeals (BALCA) are placed on hold, and all pending DOL applications remain frozen until funding resumes. Stakeholders should expect no decisions, no messages, and no status changes from the Department of Labor during the lapse.

Important: The pause continues until appropriations return and OFLC restarts its systems and casework.

Immediate employer stakes and real-world effects

The immediate stakes for employers are clear:

• If a key employee’s H-1B extension date is near, or a transfer must be filed to keep a worker on payroll, a shutdown can threaten job continuity because the LCA step is blocked.
• For new hires waiting to start, an employer cannot proceed to USCIS without an LCA, so start dates may slip.

According to analysis by VisaVerge.com, the disruption is total on the DOL side: both new filings and access to previously approved documents are out of reach while FLAG is offline, leaving employers unable to even print a certified LCA if they did not save it beforehand.

Real-life impacts include:

• Research labs delaying experiments if a new E-3 chemist cannot be certified in time
• Rural hospitals facing staffing gaps when an H-1B1 nurse cannot be onboarded
• Startups unable to transfer engineers between teams while LCAs are unavailable

What employers can do before the shutdown

The time before a potential funding lapse is the only practical window to prepare. Employers should prioritize cases that rely on LCAs and file as early as possible.

Practical actions in advance:

1. File LCAs immediately for cases that may need action in the next several weeks.
2. Download and securely store copies of certified LCAs already issued, since FLAG may be inaccessible for printing during the shutdown.
3. Prepare USCIS packets (Form I-129 and supporting materials) for H-1B, H-1B1, and E-3 cases that are waiting on LCA certification, so filings can move quickly once certification arrives.
4. Communicate with employees about possible delays if the funding lapse occurs before an LCA is certified.

Warning: The Department of Labor’s system will not accept filings past 11:59 p.m. Eastern Time on September 30, 2025, and there is no backup channel for submission. Once the platform is down, it stays down until the government reopens.

After the shutdown: options and likely scenarios

Employers should know what relief may exist after a shutdown. Historically, USCIS has shown some flexibility once the government reopens. The agency has accepted late filings of the Form I-129, Petition for a Nonimmigrant Worker, when an employer can show the main reason for the delay was the government shutdown.

Key points about post-shutdown filings:

• USCIS has accepted late Form I-129 filings in past shutdowns if employers documented the shutdown’s effect.
• USCIS has not guaranteed it will offer the same accommodation in every future shutdown. Employers should not assume automatic leniency.
• Documenting how the shutdown affected the ability to file on time is essential to support any late-filing request.

When referencing USCIS processes, employers can review the official Form I-129 instructions here: Form I-129, Petition for a Nonimmigrant Worker. This link provides the government’s current guidance on petition content, signatures, and filing locations, which will matter once the Department of Labor reopens and LCAs are again available.

Cases in process during a shutdown

For cases already in the Department of Labor pipeline when a shutdown begins:

• Expect a full pause. No reviews occur and no prevailing wage determinations, PERM steps, or LCA certifications move forward.
• BALCA appeals are also placed on hold.
• When operations resume, DOL restarts pending matters, but nothing processes during the lapse itself.

Plan for likely backlogs when the agency reopens, since many filings will queue up after the FLAG system was down.

Practical guidance for employees and HR

Workers who rely on timely extensions may face uncertainty if the LCA step cannot be completed in time. Employers and employees should:

• Stay in close contact with HR teams and immigration counsel to track risks.
• Discuss practical steps such as adjusting start dates, work locations, or travel to comply with legal limits without current approvals.
• Keep clear communication to reduce stress for families and managers trying to keep projects on track.

No workaround while the system is closed

Employers sometimes ask whether there is a workaround while the government is closed. Under current practice, there is not. The Department of Labor’s immigration-related operations stop, and the FLAG system is unavailable.

• No LCAs can be filed.
• No PERM steps advance.
• No prevailing wage requests are processed.
• USCIS cannot accept a petition that requires an LCA without the certified document.

The only durable preparation is to file LCAs before the deadline and keep thorough records of any disruption to support possible late filing requests with USCIS after funding is restored.

Recovering after operations resume

Once the shutdown ends, employers should move quickly but carefully:

• Check the status of previously submitted LCAs.
• Confirm access to certified documents in FLAG.
• Update case timelines to reflect new certification dates.
• If a petition filing date was missed because the LCA could not be certified or printed, prepare a detailed cover letter explaining how the shutdown was the primary cause of delay, with dates and evidence.

While USCIS has accepted late Form I-129 filings in past shutdowns, it has not promised future accommodations. Solid documentation will matter.

Final summary and recommendations

The Department of Labor’s role in the employment-based system is central, and a stoppage at OFLC is felt across hiring plans and family schedules. The combination of a strict filing deadline—11:59 p.m. Eastern Time on September 30, 2025—and a complete system blackout at FLAG leaves no margin for last-minute action.

Recommendations:

• File LCAs now for any cases that might be affected in the coming weeks.
• Save certified copies of LCAs immediately.
• Prepare USCIS filings so you can submit quickly once certifications are available.
• Document all impacts in case you need to request leniency from USCIS after the shutdown.

In short: during a Department of Labor shutdown, LCAs cannot be filed, OFLC stops, and FLAG is inaccessible. That means no new H-1B, H-1B1, or E-3 petitions can be filed at USCIS while the LCA requirement is unmet. After funding resumes, BALCA proceedings and pending DOL applications restart, and USCIS may—based on past practice—accept late Form I-129 filings when the shutdown was the primary cause of delay. Employers who act before the deadline and document their cases will be best positioned to restart quickly when the government reopens.