The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued important guidance affecting employers whose PERM, prevailing wage, H-2A, H-2B, CW-1, or related filings were impacted by the government shutdown. Between October 1 and October 31, 2025, OFLC ceased all processing activities due to the lapse in appropriations, and public access to the FLAG system was fully suspended. As a result, employers were unable to submit new applications, upload responses to Requests for Information (RFIs), or take action on pending documentation. On November 5, 2025, OFLC published temporary accommodations to address disruptions caused by this unexpected halt in operations.
Automatic 33-Day Extension for Responses and Deadlines
One of the most critical updates is that OFLC will automatically extend deadlines by 33 calendar days for employers whose responses were originally due between October 1 and November 2, 2025. This includes responses to Notices of Deficiency, Notices of Acceptance, audit requests, Requests for Reconsideration or Review, and any other time-sensitive OFLC correspondence. Employers do not need to make a separate extension request. The 33-day extension corresponds to the number of days OFLC staff were unable to process applications until returning to work on November 3.
PERM Filings Using Expired Recruitment or Prevailing Wage Determinations
Employers whose recruitment efforts or prevailing wage determinations expired during the shutdown period may still file PERM applications electronically using those materials within the same 33-day extension window. Although the FLAG system may generate warning messages for recruitment falling outside the usual 180-day filing window or for expired prevailing wage determinations, employers will still be permitted to submit. If an application is denied on these grounds despite the emergency accommodations, employers may pursue reconsideration and should document shutdown-related timing concerns.
Applications Submitted by Mail or Commercial Delivery
Many employers resorted to mailing paper filings during the shutdown. OFLC will manually enter all applications and correspondence postmarked between October 1 and November 2 into the FLAG system. Importantly, the official receipt date will be the postmark date—not the date data entry occurs. Employers will receive confirmation once their case has been logged. Correspondence sent by email will be considered received the day it was sent.
Emergency Filing Procedures for H-2A, H-2B, and CW-1 Applications
Regulations governing the H-2A, H-2B, and CW-1 programs allow employers to request waivers of certain filing timeframes when “good and substantial cause” exists. Because shutdown-related delays were outside employer control, OFLC encourages stakeholders to use these emergency provisions when necessary. For CW-1, employers may request permission to submit applications without a prior prevailing wage determination. Each emergency request must still comply with regulatory procedures.
Guidance Does Not Apply to BALCA Deadlines
These temporary accommodations apply only to OFLC-controlled deadlines. Appeals filed with, or deadlines established by, the Board of Alien Labor Certification Appeals (BALCA) are unaffected. Employers should not assume BALCA deadlines are extended and are encouraged to contact the Board directly with timing concerns.
What Employers Should Do Now
As OFLC transitions back to full operational capacity, employers are strongly encouraged to upload documents and respond to pending requests using the FLAG system as soon as access is restored. Although temporary relief has been granted, processing backlogs are expected.
Key Takeaway for PERM Stakeholders
For PERM applicants, the most important point is that OFLC will automatically excuse delays by 33 days for responses to RFIs, audit requests, and similar deadlines falling within October 1 through November 2, 2025. Employers should take advantage of this limited relief window to preserve eligibility and avoid unnecessary denials.
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