November 5, 2025 — The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued critical guidance for employers whose immigration filings were disrupted during the federal government shutdown. From October 1 through October 31, 2025, OFLC ceased all case processing operations and shut down public access to the Foreign Labor Application Gateway (FLAG) and the SeasonalJobs.dol.gov job registry. As a result, employers nationwide were unable to submit prevailing wage requests or labor certification applications, respond to correspondence, or access their cases.

To mitigate the impact of this unprecedented disruption, OFLC has announced several temporary emergency measuresdesigned to preserve filing dates, extend deadlines, and provide flexibility for employers affected by the shutdown.

1. Manual Entry of Applications and Correspondence Received October 1–November 2

While the FLAG system was offline, many employers submitted PERM, H-2A, H-2B, CW-1, and prevailing wage-related filings via mail, email, or commercial courier. OFLC has now confirmed:

OFLC Will Manually Upload All Mailed/Delivered Submissions

  • All applications and correspondence received between October 1 and November 2, 2025, will be manually entered into FLAG.
  • Once entered, a case number will be assigned and FLAG will show the original postmark/email date as the official receipt date.
  • Employers should not file duplicate applications in FLAG. Duplicate PERM filings may result in denial due to multiple pending applications for the same worker.

Filing Date Protection

  • A PERM application postmarked October 1 will receive an official receipt date of October 1—not the later entry date.
  • Email submissions will be treated as filed on the date they were sent, not when OFLC processes them.

2. Automatic 33-Day Extension for All OFLC Deadlines

Any deadline that fell between October 1 and November 2, 2025, is automatically extended by 33 calendar days, the full length of OFLC’s operational shutdown.

This automatic extension applies to responses or filings related to:

  • Requests for Information (RFIs)
  • Notices of Acceptance (NOAs)
  • Notices of Deficiency (NODs)
  • PERM Audit Notices
  • Requests for Reconsideration (RFRs)
  • Requests for Review (BALCA appeals initiated through OFLC)
  • Any other response deadlines set by OFLC

Example

A PERM denial issued September 15 would normally require filing a Request for Reconsideration by October 15. With the automatic 33-day extension, the new deadline becomes November 17, 2025.

Important Note on FLAG Technical Issues

Some employers have reported that FLAG is currently blocking uploads of extended-deadline responses. OFLC has been alerted.
Until resolved, employers may email or mail their responses to preserve the extended deadline.

3. Expired PERM Recruitment or Prevailing Wage Validity (October 1–November 2)

OFLC has implemented special flexibility for employers whose recruitment or prevailing wage determinations (PWDs) expired during the shutdown.

Automatic 33-Day Validity Extension

If PERM recruitment or a PWD expired between October 1 and November 2, employers may still file the PERM application electronically using:

  • Expired recruitment
  • Expired prevailing wage determination

for the full 33-day extension window.

FLAG Warning Messages

FLAG may display warnings indicating the recruitment is outside the 180-day window or that the PWD is expired.
These warnings do not prevent submission.

If a PERM application is improperly denied based on an expired recruitment or PWD, employers may file a Request for Reconsideration explaining the shutdown-related accommodation.

Best Practice

Include a brief note in the free-text field of Form ETA 9089 referencing the November 5 OFLC Filing Accommodations Announcement.

4. Emergency Filing Procedures for H-2A, H-2B, and CW-1 Filings

Employers unable to file H-2A, H-2B, or CW-1 applications between October 1 and October 31 may utilize the existing regulatory emergency filing provisions:

  • H-2A: 20 CFR 655.134 (waiver of filing timelines)
  • H-2B: 20 CFR 655.17 (waiver of filing timelines)
  • CW-1: 20 CFR 655.422 (permission to file without a PWD)

OFLC acknowledges that the shutdown constitutes “good and substantial cause” for emergency requests and encourages employers to use these procedures as needed.

5. Limitations: No Changes to BALCA Deadlines

OFLC’s accommodations do not apply to:

  • Deadlines for appeals filed directly with the Board of Alien Labor Certification Appeals (BALCA)
  • Deadlines set by BALCA in existing appeals

OFLC lacks authority to extend or modify BALCA deadlines.
Stakeholders with questions should contact BALCA directly at OALJ-Questions@dol.gov.

6. Key Takeaways for Employers

  • Do not refile any application already mailed, emailed, or couriered to OFLC between October 1–November 2.
  • Monitor FLAG for new case numbers and system restoration updates.
  • Use the 33-day automatic extension for any response deadlines impacted by the shutdown.
  • File PERM applications using expired recruitment or PWDs if the expiration occurred October 1–November 2.
  • Consider emergency filing procedures for H-2A, H-2B, and CW-1 filings that could not be submitted.
  • Contact BALCA directly for any appeal-related deadlines.

Conclusion

The 2025 government shutdown caused significant disruptions to prevailing wage and labor certification processing. OFLC’s November 5 guidance provides substantial relief to employers by preserving filing dates, extending deadlines, and allowing flexibility where recruitment and prevailing wage validity periods lapsed.

Employers should act promptly to take advantage of these accommodations and should continue monitoring FLAG for processing updates as OFLC works through the large backlog of manually submitted cases.

If you require assistance navigating these temporary procedures, evaluating your filing strategy, or responding to OFLC correspondence, our office is available to help.