Following the completion of a near month-long disruption, the US Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) has announced the continuation of the processing of applications for the temporary and permanent employment-based immigration programs.The disruption, which has been occurring since about September 30, has for weeks left American employers unable to access vital tools for bringing foreign labor into the country. This has been a critical disruption for industries that are technology, healthcare, and education, which have been managing with very limited access to skilled overseas workers, particularly professionals from India.In a notice released by DOL last Friday, they stated how "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."H-1B and Green Card pathways are under way againEmployers are now able to file Labor Condition Applications (LCAs) for H-1B visas again. This work visa category includes very skilled foreign professionals. The system also officially processing the Program Electronic Review Management (PERM) labor certifications. This is the first step for US employers to officially sponsor foreign workers for permanent residency (Green Cards).These certifications guarantee that recruiting foreign workers does not adversely affect the pay or employment conditions of American workers.After weeks of unavailability, the FLAG Portal and SeasonalJobs.dol.gov, two key platforms for submitting applications and monitoring their status, are in full operation.According to US media reports, the unavailability of these services was due to a gap in funding during the federal government shutdown at the end of September; the DOL’s statements, however, did not directly cite that as the reason.Oflc Prmises a Phased Approach to RecoveryIn a press release, the DOL indicated that normal operation restoration is in progress but will take time due to application volume. As it relates to the volume of applications, the notice explained, “OFLC is taking all steps necessary to resume application processing.” Further announcements and technical assistance for all stakeholders, it indicated, will be available on the site as needed.As OFLC works through the backlog, we expect stakeholders will be patient and understand the longer-than-normal response times to requests for stakeholder assistance. We appreciate your patience, OFLC! the DOL said.Impact on Indian ProfessionalsThe impact is disproportionate for Indian professionals. Nearly 70% of all H-1B visa holders are from India. Many professionals are in the process of obtaining LCAs and PERM applications and need timely approval to maintain their legal immigration status and employment in the US.The shutdown of the system meant pending cases-including prevailing wage determinations, LCAs, and PERM filings-were frozen. Immigration attorneys identified this as a significant problem for people whose visa status was close to expiring.As of July 2025, for example, applications from as early as March 2024 were still pending, suggesting there is still a backlog that will continue to strain processing times.Employers Brace for Continued DelaysEmployers requesting service were particularly disrupted during this time, as there was a freeze on submitting new requests and making updates to existing requests. International hiring cycles were particularly impacted, as international staffing tech companies were some of the most affected.The Department of Labor recognizes that clearing the backlog will take time, even with systems now restored. In the coming weeks, officials pledged further guidance and updates regarding stakeholders’ technical support.While the resumption of OFLC's services suggests a return to normalcy, immigration experts caution that employers and applicants should brace for slower processing times for the remainder of the year.
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