After more than a month of suspended operations, the U.S. Department of Labor (DOL) has resumed processing critical immigration paperwork, restoring a key component of the visa and green card system that had been paralyzed by the ongoing government shutdown. The agency’s Foreign Labor Application Gateway (FLAG) system is once again accepting labor certification and prevailing wage applications for H-1B, H-2A, and H-2B visas.
The DOL plays a vital role in immigration despite not being fee-funded like U.S. Citizenship and Immigration Services. Employers must secure labor certifications and wage determinations through the department before filing petitions to hire foreign workers. Without DOL approval, employment-based visa applications cannot proceed.
According to the department’s announcement, the FLAG system is now “accessible and permits system users to prepare and submit new applications” and continue work on pending ones. Employers across industries, especially in agriculture and tech, welcomed the move, citing significant delays caused by the shutdown.
Anna Gorisch, a managing partner at Kendall Immigration Law, said the freeze had completely halted her firm’s operations involving labor certifications. “There are some cases that can still go forward fine, but anything that involves the Department of Labor grounds to a halt,” she said.
Agricultural groups had been especially vocal in urging the federal government to restore processing. The National Council of Agricultural Employers thanked its members and allies for their advocacy efforts. The Georgia Fruit and Vegetable Growers Association called the decision a crucial step to avoid “further costly delays” and labor shortages during harvest season.
The department also resumed work on PERM (Program Electronic Review Management) applications, which are required for employment-based green cards. PERM applications can take up to two years and require a prevailing wage determination based on labor market data. The DOL has not said whether it is using reserve funds to continue operations or how it plans to address the growing backlog that existed even before the shutdown.
