10 months ago
US Department of Labor Resumes Processing of Foreign Worker Visa Applications
Imagine the government department that helps companies hire workers from other countries has a special online tool.
This tool helps with important paperwork for visas like the H-1B, which is for special jobs, and for temporary jobs like in farming or construction.
The tool had to be closed for a while because the government didn't have enough money to run everything.
Now, the government has found the money, and the online tool is open again!
Companies can start submitting new applications and even get updates on ones they had waiting.
Because it was closed for so long, there's a big pile of paperwork to get through, so it might take a little longer than usual for things to be approved.
There might also be some new rules and fees for the H-1B visa in the future, like picking workers based on how much they get paid.
The Department of Labor's Foreign Labor Application Gateway (FLAG) and SeasonalJobs.dol.gov are now fully operational.
Employers can resume filing new applications for prevailing wages and labor certifications for foreign workers.
Certified LCAs are being processed, with some pre-shutdown filings showing a turnaround of about 10 days (excluding the shutdown period).
The H-1B 2027 cap season will open for registrations in March 2026, with potential changes like a wage-based selection process.
The H-2B non-agricultural temporary worker program has an annual quota of 66,000 visas.
- Who
- The Department of Labor's Office of Foreign Labor Certification (OFLC)
- What
- Has resumed processing of employer requests for prevailing wages and labor certification determinations for temporary and permanent employment, making its FLAG and SeasonalJobs.dol.gov systems fully operational.
- Where
- United States
- When
- Systems are now operational; LCA filings are being accepted and certified, with some pre-shutdown cases seeing a 10-day turnaround excluding the shutdown period.
- Why
- The systems were previously paused due to a federal government funding lapse/shutdown and are now restored.
Immigration advocates
Employers
Processing Times and Backlog
Immigration advocates
The resumption of services means that applications can be processed again, but the backlog may lead to significantly longer waiting periods for both employers and foreign workers.
Employers
With the FLAG system fully operational, employers can now file new applications and expect processing to resume, potentially leading to quicker hiring of foreign workers.
H-1B Lottery and Fees
Immigration advocates
Concerns exist around potential changes in the H-1B lottery process, including a possible wage-based selection and new fees, which could impact the accessibility of the visa for certain workers.
Employers
The reopening of the FLAG system allows employers to file cap-exempt petitions, and while new fees are implemented, it enables them to proceed with hiring foreign talent.
Key facts
- Resumed Systems
- Foreign Labor Application Gateway (FLAG), SeasonalJobs.dol.gov
- Affected Applications
- Prevailing wages, labor certification determinations, LCAs (H-1Bs, E-3s, H-1B1s), H-2A and H-2B temporary jobs
- Reason for Pause
- Federal government funding lapse/shutdown
- Impact on Processing
- Potential for longer processing times due to backlog
- H-1B Cap Season
- Registrations for March 2026 (for 2027 fiscal year) will open soon
- H-2B Visa Quota
- 66,000 visas per year
Quotes
Aizada Marat
Founder of Alma Immigration
“LCAs (required for H-1Bs, E-3s and H-1B1s) weren’t mentioned in the announcement, but FLAG began accepting LCA filings immediately, and today we saw the first certified LCAs return.”
financialexpress.com
“For context: this morning (11/4), we received certification for an LCA filed on 9/25. If you exclude the shutdown period (10/1–10/31), that’s roughly a 10-day turnaround. A strong signal that pre-shutdown LCA cases are now moving again.”
financialexpress.com