On Oct. 31, 2025, the U.S. Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) has resumed full processing of employer requests for prevailing wage determinations and labor certifications for both temporary and permanent employment in the United States.

Following a period of system disruption, the Foreign Labor Application Gateway (FLAG) is now fully operational. Employers and representatives may once again prepare and submit new applications, as well as access and manage pending cases. Similarly, SeasonalJobs.dol.gov, the official online registry for H-2A and H-2B temporary job opportunities, has been restored to full functionality.

The OFLC has indicated that it is taking all necessary steps to return to normal processing operations. However, stakeholders may expect temporary delays and longer response times as the agency manages an anticipated surge in requests. Employers with pending or time-sensitive filings—particularly in connection with PERM, H-1B, E-3, H-2A, and H-2B programs—should monitor their FLAG accounts and the OFLC website for further updates and technical assistance notices.

Our team is tracking these developments.

Tags: DOL, H-2A, H-2B, Immigration, OFLC, PERM
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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors

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Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has deep experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions.

Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations.

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