On October 31, 2025, the U.S. Department of Labor (USDOL) announced that the Office of Foreign Labor Certification (OFLC) has resumed processing of Prevailing Wage Determinations (PWD), Labor Certification Applications (PERM), and Labor Condition Applications (LCAs) through its FLAG system, following a complete suspension of such processing due to the government shutdown, which has directly impacted certain employment-based immigration processes.
Key Highlights:
- USDOL has restarted adjudication of PWD requests, enabling employers to proceed with early, wage-setting steps required for PERM recruitment and filing.
- PERM processing has resumed, allowing pending applications to advance and new filings to be submitted under standard procedures.
- LCA processing has restarted, restoring the pathway for H-1B, H-1B1, and E-3 filings that depend on certified LCAs in order to prepare and file these petitions.
Impact on Employers and Foreign Nationals:
- Employers with time-sensitive hiring plans may now re-sequence recruiting, filing, and onboarding timelines that were previously on hold.
- Foreign nationals awaiting case advancement should expect delays due to agencies working through backlogs, and USCIS filings tied to certified LCAs and PERM approvals can be re-initiated as certifications are issued.
Next Steps:
- Recalibrate case timelines: Coordinate with immigration counsel to update filing calendars for PWD, PERM, and H-1B/H-1B1/E-3 matters and to identify cases that can immediately progress.
- Prioritize critical roles: Work with immigration counsel to prioritize filings for positions with expiring statuses or business-critical start dates.
- Refresh recruitment plans: For PERM cases awaiting PWDs, work with immigration counsel to prepare recruitment materials and internal processes to launch promptly upon receipt of wage determinations.
- Validate data and attestations: Confirm job details, worksites, and wage levels with immigration counsel to ensure accuracy before submission, particularly for LCAs with multiple worksites or remote arrangements.
- Monitor processing trends: We will continue to track USDOL case movement and any updated guidance that could affect prevailing wage calculations, audit selection, or filing logistics and strategies.
We will continue to monitor regulatory developments and legal challenges and will provide you with further updates as more information becomes available.
If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.
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