DOL Resumes H-1B LCAs and PERM Processing Amid Backlog

(UNITED STATES) The U.S. Department of Labor has restarted regular processing of H-1B Labor Condition Applications and PERM labour-certification cases after a nearly month-long outage that shut employers out of the federal portal used to file and track applications. The Office of Foreign Labor Certification said its systems came back online on October 31, 2025, ending a disruption that began around September 30, 2025, when a federal funding lapse halted access to its Foreign Labor Application Gateway, known as the FLAG system.

The shutdown froze new filings and left pending cases in limbo, affecting both H-1B employers who need certified LCAs before petitioning for skilled workers and companies sponsoring employees for permanent residence through PERM. With the FLAG system restored, employers can again submit new applications, update in‑process cases, and monitor case status.

“OFLC’s FLAG system is now accessible and permits system users to prepare and submit new applications as well as submit and receive information associated with their applications pending a final determination,” the department said in its notice.

Officials warned that operations would not immediately return to normal.

“We do anticipate increased requests for stakeholder assistance, and this means some stakeholders may experience longer than normal processing and response times. We apologize for any inconvenience this may cause and appreciate your patience as OFLC transitions back to full operational status.”

The outage extended beyond the main FLAG gateway. The department confirmed that associated submission tools, including the SeasonalJobs.dol.gov portal used for certain temporary roles, were also inaccessible during the funding lapse. Employers reported that they could not file new H-1B LCAs, could not update previously submitted materials, and saw movement on pending PERM cases largely suspended while systems were offline. OFLC said it is working to stabilize operations and manage the backlog.

“OFLC is taking all steps necessary to resume application processing and will post additional announcements and other technical assistance notices for all stakeholders on this website, as appropriate,” the notice said.

For H-1B employers, the return of the FLAG system matters immediately because the LCA is a required first step in the H-1B process and must be certified before a petition can be filed with U.S. Citizenship and Immigration Services. For companies and foreign workers pursuing the PERM labour-certification pathway toward an employment-based Green Card, the restart allows recruitment validations, prevailing wage requests, and labor certification adjudications to resume after weeks of stagnation. The department cautioned earlier that

“We do anticipate longer than normal processing and response times as the system transitions back to full operational status,” signaling that the catch‑up period could stretch beyond the initial reopening window.

Early data point to a sizable queue. As of early November, PERM applications filed as far back as March 2024 remained pending, and the department was still working through large volumes of cases submitted between March and August 2025. Within that pipeline, 5,960 PERM cases from May 2025 were listed as pending, alongside 14,325 from June 2025 and 14,198 from July 2025. The LCA queue is smaller but still notable: 152 H-1B LCAs from May 2025, 347 from June 2025, and 236 from July 2025 were pending when the system came back online. Those figures underscore how the month-long halt compounded existing backlogs and will likely stretch adjudication timelines for weeks.

The practical effect for employers is immediate. Human resources and immigration teams have been logging back into the FLAG system to verify access, re‑queue filings stalled by the shutdown, and push through time‑sensitive LCAs tied to hiring needs or upcoming status changes. Many are also revisiting PERM timelines to accommodate the backlog. That includes collecting and organizing recruitment documentation, prevailing wage determinations, and audit‑ready files in anticipation of slower responses on agency inquiries. With the portal reopened, case movement is possible again, but the department’s warnings point to continued delays in certification decisions and response times on helpdesk tickets.

Sponsored workers, meanwhile, are re‑engaging with employers and counsel to confirm that filings are back on track. For H-1B hires, the inability to submit LCAs during the outage meant job starts, transfers, and changes could be pushed back while companies waited for the gateway to reopen. Now, with the LCA pipeline moving again, those steps can proceed—albeit with the caveat that downstream case timing may lag. For foreign nationals in the Green Card queue, many of whom are navigating multi‑year processes tied to the PERM labour-certification stage, the restart is welcome but does not erase the lost month. Case strategies are being adjusted to reflect the department’s statements about longer processing and response times.

The disruption and its aftermath are particularly felt in sectors that rely heavily on H‑1B hiring and in communities with large shares of employment‑based Green Card applicants. Indian professionals, who account for about 70% of H‑1B recipients, faced weeks of uncertainty as LCAs sat unfiled and PERM cases idled. Tech employers said the outage collided with project deadlines and internal transfer plans, creating knock‑on effects for staffing and payroll. For Indian students and recent graduates aiming to move from student status into H‑1B roles, the episode reinforced how quickly federal operations—especially funding lapses—can ripple through employer‑sponsored immigration steps.

The department’s own guidance suggests stakeholders should brace for a phased return rather than a snap‑back to normal. In addition to the general warning about increased requests and slower responses, officials have yet to clarify how they will treat PERM applications where recruitment periods expired during the shutdown window in October. Historically, after prior system disruptions, authorities have offered limited grace periods for late filings when recruitment windows closed through no fault of the employer. As of November 5, 2025, no such policy has been announced for this outage, leaving some PERM filers waiting for instructions before attempting to re‑run recruitment or seek exceptions.

Because the outage spanned roughly a month, bottlenecks are layered. Cases that were ready to file in early October only entered the queue at the end of the month. Cases already in the pipeline lost weeks as the department paused movement. And newly initiated matters will follow behind a wave of pent‑up filings, as employers try to catch up all at once. That stacking effect will likely be most visible in PERM, which has longer processing stages, but even H‑1B Labor Condition Applications—typically processed more quickly—could see response times increase as the department prioritizes reopening tasks and customer support.

The government’s message, threaded through its notices, is that patience and preparation will be necessary while systems stabilize. Employers are revising timelines, informing hiring managers that certifications could take longer than planned, and asking candidates to build in extra lead time for relocations and start dates. Immigration counsel are advising clients to gather documentation early and to monitor FLAG system status pages for further technical guidance. The department’s helpdesks, including the OFLC PERM Helpdesk, are fielding elevated inquiry volumes, and responses may lag as staff work through accumulated questions from the shutdown window.

For smaller businesses new to H‑1B hiring, the reopened portal is an opportunity to move forward, but it also highlights the importance of process planning when federal systems go dark. During the outage, some employers discovered their FLAG accounts needed re‑verification or that user permissions had lapsed, compounding delays. With access restored, companies are testing logins, updating users, and checking whether templates for H‑1B LCAs and PERM filings still function correctly in the system. These housekeeping steps can prevent additional hiccups as filings resume at scale.

The episode also spotlights how a single gateway can become a chokepoint for multiple programs. The FLAG system is the central entry point for H‑1B Labor Condition Applications and PERM labour-certification filings; when it went offline, there were few workarounds beyond waiting for funding to be restored and the platform to be brought back up. Seasonal programs tied to the SeasonalJobs.dol.gov portal were similarly frozen, illustrating that the shutdown affected more than white‑collar hiring or Green Card sponsorships. Employers across agriculture, hospitality, and other seasonal industries were also stuck, adding to the workload the department must now manage in reopening.

For foreign workers and employers planning long‑term moves, the catch‑up period has implications that stretch beyond labor certifications. Delays at the LCA or PERM stage can push back later steps in employment‑based immigration, including downstream petitions or status adjustments that depend on certified labor filings. If backlogs persist into winter, some companies may adjust recruiting cycles, shift project staffing, or reconsider the timing of internal transfers to accommodate slower certifications. Others are likely to front‑load document collection and recruitment tasks so that cases can be filed the moment windows open, minimizing additional slippage.

In the meantime, attention is fixed on whether the department will add capacity, offer targeted relief for cases affected by the outage, or publish technical assistance that clarifies pain points such as recruitment expiration. OFLC has signaled it will keep posting updates as needed.

“OFLC is taking all steps necessary to resume application processing and will post additional announcements and other technical assistance notices for all stakeholders on this website, as appropriate,” the agency said, pairing that with a broader caution: “We do anticipate increased requests for stakeholder assistance, and this means some stakeholders may experience longer than normal processing and response times. We apologize for any inconvenience this may cause and appreciate your patience as OFLC transitions back to full operational status.”

For now, the basic guidance is to get back into the queue and expect slower‑than‑usual movement. Employers are filing LCAs as soon as positions are finalized and are sequencing PERM steps to avoid lapses in recruitment validity. Sponsored professionals are checking that their cases are active again inside the FLAG system and that communications from the department are coming through to counsel and employer points of contact. Where possible, companies are pairing case filings with internal contingency plans that assume later certification dates, especially for roles tied to project milestones or international transfers.

The reopening is also prompting broader discussions inside companies about risk in employer‑sponsored immigration. After the month‑long pause, executives and HR leaders are weighing whether to diversify hiring timelines, build buffer periods into offer letters for foreign candidates, and revisit global talent strategies that assume predictable government processing. For U.S. teams that rely on continuous inflows of specialized skills, the lesson is familiar: when the federal portal closes, the pipeline narrows quickly, and catching up takes time even after the servers return.

The best source for operational status remains the department’s own portal. Employers and sponsored workers can confirm access, file applications, and track case updates through the Department of Labor’s Foreign Labor Application Gateway (FLAG) website. The department’s notice makes clear that systems are up but workloads are heavy.

“OFLC’s FLAG system is now accessible and permits system users to prepare and submit new applications as well as submit and receive information associated with their applications pending a final determination,” it said, repeating that backlogs will linger as staff process the pile of cases that accumulated between September 30, 2025 and October 31, 2025.

As the reopening settles in, the storyline is straightforward. The gateway is open. H‑1B Labor Condition Applications and PERM labour-certification work can move ahead. The backlog is real, and delays are likely to persist through the catch‑up period. For employers, that means keeping filings moving and communicating realistic timelines to managers and candidates. For workers, it means staying close to counsel, watching for updates inside the FLAG system, and preparing for slower responses even as long‑stalled cases finally advance.