FLAG System Restored; DOL Resumes Processing of PERMs and H1B Labor Condition Applications

03 Nov 2025

The U.S. Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) has resumed processing employer applications for prevailing wage determinations and labor certifications, ending a suspension of operations that had stalled many employment-based immigration cases throughout the ongoing government shutdown. The resumption of services allows employers to move forward with both permanent labor certifications for green card sponsorship and labor condition applications (LCAs) and temporary labor certifications for H1B, H2B, and other temporary worker programs.

FLAG System Restored to Full Operation

The Foreign Labor Application Gateway (FLAG) system, which employers and their representatives use to file applications and communicate with the DOL, is now fully accessible. System users can prepare and submit new applications for prevailing wage determinations and labor certifications, as well as submit and receive information related to pending applications awaiting final determination.

This restoration of access means that employers can resume filing new PERM labor certification applications for permanent employment, which are required before most employment-based green card petitions can be submitted to U.S. Citizenship and Immigration Services. Employers can also file LCAs necessary for H1B, H1B1, and E-3 visa petitions.

H2A and H2B Job Registry Operational

The Department of Labor also confirmed that its SeasonalJobs.dol.gov system has been restored to full operational status. This online job registry is used for posting H2A agricultural worker and H2B temporary non-agricultural worker job opportunities as part of the labor certification process for those visa categories.

Impact on Pending and New Applications

The resumption of operations affects both pending applications that were in process when operations were suspended and new applications that employers have been waiting to file. For pending PERM applications, the Department of Labor will continue processing cases through to final determination. For LCAs and other temporary labor certifications, employers can now obtain the necessary approvals to proceed with visa petitions.

However, the DOL cautioned that the transition back to full operational status may result in longer than normal processing and response times. The backlog created by the suspension of operations, combined with anticipated increased requests for assistance from employers and their representatives, will likely extend timeframes for receiving determinations.

Conclusion

Employers who had been waiting to file PERM applications or LCAs should prepare to submit their cases promptly now that the FLAG system is accessible. Given the anticipated longer processing times as the DOL returns to full capacity, early filing will be important for time-sensitive cases.

Employers should also be prepared for potential delays in receiving responses to inquiries and requests for assistance as the DOL manages the increased volume of stakeholder communications during the transition period.

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