The Office of Foreign Labor Certification (OFLC) has issued guidance to address disruptions caused by the recent government shutdown, which halted application processing and suspended access to the Foreign Labor Application Gateway (FLAG) system and SeasonalJobs.dol.gov from October 1 to October 31, 2025.
Impact of the Shutdown
During this period:
- Employers could not submit prevailing wage determinations or labor certification applications electronically.
- Responses to OFLC correspondence were delayed.
- Employers resorted to mailing applications and documents via postal or commercial delivery services.
Temporary Measures Implemented by OFLC
Manual Entry of Mailed Submissions
OFLC will manually enter mailed applications and correspondence received between October 1 and November 2, 2025 into the FLAG system.
- Receipt Date: Applications will be considered filed on the postmark date.
- Email submissions will be deemed received on the date sent.
Automatic Deadline Extensions
Responses to OFLC notices (e.g., Requests for Information, Notices of Deficiency, Audit Notices) with original deadlines during the shutdown will receive an automatic 33-day extension.
- Employers do not need to request extensions.
- OFLC encourages prompt submission of pending documentation via FLAG.
PERM Program Flexibility
Employers may submit PERM applications using expired recruitment efforts or prevailing wage determinations during the 33-day extension window.
- Warning messages in FLAG may appear, but submissions will be accepted.
- If denied, employers can file a request for reconsideration explaining the circumstances.
Emergency Filing for H-2A, H-2B, and CW-1
Employers unable to file during the shutdown may request waivers of regulatory filing timelines under emergency provisions:
- H-2A: 20 CFR 655.134
- H-2B: 20 CFR 655.17
- CW-1: 20 CFR 655.422
Requests must demonstrate good and substantial cause.
Important: These extensions apply only to OFLC deadlines—not to appeals or deadlines set by BALCA. For BALCA inquiries, contact OALJ-Questions@dol.gov.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.