OFLC Filing Accommodations Following Government Shutdown

On November 5, 2025, the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) announced filing accommodations for employers affected by the suspension of OFLC operations during the government shutdown of 2025. The OFLC ceased operations on 01.Oct.2025, and OFLC staff who officially were called back to work on 03.Nov.2025, resulting in a 33-day closure period that impacted numerous foreign labor certification applications and deadlines. This summary of the key accommodations, including certain tips from the American Immigration Lawyers Association (AILA), is prepared for the benefit of MurthyDotCom readers.

Applications Received During the Shutdown Period

The OFLC will manually enter all applications and correspondence received by regular mail, email, or commercial delivery service between 01.Oct and 02.Nov.2025, into the Foreign Labor Application Gateway (FLAG) system. The manual entry process is expected to take several months to complete. Importantly, when the process is finished, the FLAG system will reflect the original date of receipt rather than the date of entry into the system. Employers should not file duplicate applications or correspondence in FLAG, as filing a duplicate application could result in denial.

PERM Recruitment Expiration Extensions

Employers whose PERM recruitment expired between 01.Oct and 02.Nov.2025, will receive an automatic 33-day extension of the recruitment expiration date. This extension corresponds to the number of days OFLC operations were suspended. For instance, if PERM recruitment expired on 15.Oct.2025, the expiration date is automatically extended to 17.Nov.2025. It is advisable for employers to note this automatic extension in a free text field on the ETA form 9089, referencing the 05.Nov OFLC filing accommodations announcement.

Automatic Extension of Response and Appeal Deadlines

All deadlines for filing responses to requests for information (RFI), notices of acceptance (NOA), notices of deficiency (NOD), audit notices, requests for reconsideration (RFR), or appeals are automatically extended by 33 days. For example, an employer filing an RFR for a PERM application denied on 15.Sep normally would have until 15.Oct to submit the request. With the accommodation, the deadline is automatically extended to 17.Nov. Employers requiring additional time beyond the 33-day extension may request further extensions through FLAG (if available) or by emailing the appropriate OFLC HelpDesk. If the FLAG system prevents the submission of a late filing, employers will need to submit responses via email or regular mail.

Emergency Filing Procedures for H2A, H2B, and CW1 Applications

Employers unable to file H2A, H2B, and CW1 applications between 01.Oct and 31.Oct.2025 should submit emergency filing requests following the procedures outlined in the applicable regulations which permit employers to request a waiver of the regulatory time period for filing an application.

Conclusion

The OFLC filing accommodations provide important relief for employers and foreign workers impacted by the government shutdown. Unfortunately, the manual processing of applications received during the shutdown period likely will create delays for various immigration processes. For now, employers should carefully track their deadlines and note any automatic extensions. The Murthy Law Firm is available to consult with those seeking guidance on how the shutdown and these accommodations may affect their individual circumstances.

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