The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) recently released a crucial announcement detailing filing accommodations for employers affected by the suspension of OFLC operations due to the federal government shutdown.

OFLC’s operations were suspended from October 1, 2025, and resumed on October 31, 2025. On November 5, 2025, OFLC announced filing accommodations to address the impact of this 31-day suspension.

Here are the key takeaways from the OFLC’s filing accommodations announcement:

1. Applications and Correspondence Filed During the Shutdown (October 1–November 2, 2025)

If you sent applications or correspondence via regular mail, email, or commercial delivery service between October 1 and November 2, 2025, OFLC will manually enter this information into the FLAG system.

• OFLC anticipates that the manual entry process will take many months.

• The FLAG system will ultimately reflect the original date of receipt, not the date of manual entry.

• Crucially: Do NOT file duplicate applications or correspondence in FLAG. Filing a second, duplicate PERM application, for example, could result in a denial because only one application for a foreign worker for the same job opportunity may be pending at the same time.

• OFLC’s announcement did not indicate that withdrawing applications or correspondence sent during this period (October 1 to November 2) is an option.

2. Automatic Extension for PERM Recruitment Expirations

If your PERM recruitment expired between October 1, 2025, and November 2, 2025, the expiration date has been automatically extended by 33 days (the number of days OFLC operations were suspended).

• Example: If recruitment expired on October 15, 2025, the new automatic expiration date is November 17, 2025.
• Recommendation: It is advisable to indicate the automatic extension in a free text field on the ETA Form 9089, referencing the November 5 OFLC Filing Accommodations Announcement.

3. Automatic Extension of Deadlines for Responses and Appeals

Deadlines for the following actions that occurred during the suspension period are automatically extended by 33 days:

• Filing a response to a Request for Information (RFI), Notice of Acceptance (NOA), Notice of Deficiency (NOD), or an Audit Notice.

• Filing a Request for Reconsideration (RFR) of a denial or an appeal.

• Example: If the original deadline to file an RFR was October 15 (for a denial on September 15), the deadline is automatically extended to November 17.

• Need more time? Employers can request an additional extension via FLAG (if available) or by emailing the appropriate OFLC HelpDesk.

• Note on Filing: While OFLC encourages filing responses in FLAG, technical issues have been reported. If the issue persists, employers will need to email or mail their responses.

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

For employers who were unable to file H-2A, H-2B, or CW-1 applications between October 1 and October 31, OFLC confirmed that they should submit emergency filing requests.

• The emergency filing requests must be submitted according to the specific regulatory procedures outlined in:
  • H-2A: 20 CFR $655.134$ 
  • H-2B: 20 CFR $655.17$ 
  • CW-1: 20 CFR $655.422$

This is a developing situation, and we are closely monitoring the implementation of these accommodations. Given the complexity and potential for delays, especially with manual application entry, it is essential for employers to proceed with caution and expert guidance. 

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

Sources:

OFLC |Announcements, November 5, 2025 – OFLC Announces Extensions and Emergency Procedures of Certain Application Processing Actions Impacted by the Government Shutdown