After more than four weeks offline, the Department of Labor (DOL) officially resumed operations on October 31, 2025, even as the government shutdown continues. This development brings relief to employers and foreign nationals who depend on DOL functions for H-1B and PERM processing.

DOL Back in Service After Month-Long Outage

From October 1 through October 30, DOL systems, including the Foreign Labor Application Gateway (FLAG), were unavailable, halting the processing of:

• Labor Condition Applications (LCAs), required for H-1B filings
• Prevailing Wage Determinations (PWDs)
• PERM labor certification filings and adjudications

As of October 31, all these functions are fully operational again. Employers can now:

• Submit and receive certified LCAs for H-1B petitions
• File new PWD and PERM applications
• Receive PWDs and approvals on PERM applications on cases that were pending before the shutdown

H-1B Filings Resume with Certified LCAs

With the DOL back online, employers can once again submit LCAs through the FLAG portal, and receive certified LCAs. This means H-1B filings can resume where the employer had not previously secured a certified LCA prior to the shutdown.

If a petitioner can show that a shutdown-related system outage prevented timely filing, USCIS has confirmed it may treat that as an extraordinary circumstance when evaluating whether to excuse the delay. Because these determinations are highly case specific and time-sensitive, employers are encouraged to consult with a qualified immigration attorney to assess whether their case may qualify for such consideration and to ensure proper documentation is submitted.

PERM and PWD Processing Restarted

The restart of DOL operations also reopens the PERM labor certification process, which had been among the most heavily impacted areas during the shutdown.

Employers can now:

• File new PWD requests
• Submit PERM applications
• Receive pending PERM and PWD decisions that had been on hold

While adjudications have resumed, employers should anticipate longer processing times as DOL clears the additional backlog created by the shutdown.

Possible Accommodations:

In prior government shutdowns, the DOL has allowed a filing window for PERM applications where recruitment or other time-sensitive steps expired during the shutdown period, preventing a timely filing. Although it is not guaranteed, we anticipate that similar accommodations will be made. We are hoping for an update on that soon.

Preparing for Delays and Post-Shutdown Recovery

Even though systems are live again, backlogs and slower processing are expected in the coming weeks. Employers should:

• Submit LCAs, PWDs, and PERMs promptly to get ahead of the backlog
• Track PERM recruitment that expired during the shutdown in order to be prepared for submission of the application if the DOL issues flexibilities
• Monitor FLAG for updated PERM processing times

Reddy Neumann Brown PC continues to monitor developments closely and will provide updates as soon as DOL releases additional guidance.

By: Krystal Alanis

Krystal Alanis is a Partner at Reddy Neumann Brown PC and manages the firm’s PERM Labor Certification Department, where she oversees all EB-2 and EB-3 employment-based green card matters. Krystal guides clients from a variety of industries through the maze of the PERM Labor certification process and has handled thousands of PERM applications throughout her career with Reddy Neumann Brown PC. Krystal also guides employers and individuals through the I-140 and Adjustment of Status process, and assists clients with temporary work visa petitions (e.g., H-1B, TN, L-1, E-2). With over 13 years of immigration experience, Krystal is able to advise her clients with confidence and recognize any potential pitfalls that may arise.