Tuesday, 02 January 2024 12:17 GMT

H-1B Visa Application Processing Resumes In US After Month-Long Pause Due To Government Shutdown-Here's What We Know


(MENAFN- Live Mint) The Office of Foreign Labor Certification (OFLC) has restarted processing applications for both temporary and permanent employment programmes, according to the United States Department of Labor (DOL). This comes after a nearly month-long pause resulting from a federal funding lapse during the US government shutdown.

The Foreign Labor Application Gateway (FLAG) portal, as well as the dol website, have reopened after being offline since around 30 September. It had interrupted essential services for employers who depend on foreign workers in fields like technology, healthcare and other industries. With the portal now fully functional, employers can submit new Labor Condition Applications (LCAs) for H-1B visas, speciality occupation visas widely used by skilled professionals and monitor the status of existing applications.

What did the Department of Labor say?

"The Office of Foreign Labor Certification's (OFLC) Foreign Labor Application Gateway (FLAG) system is now accessible and permits system users to prepare and submit new applications as well as submit and receive information associated with their applications pending a final determination. We apologize for any inconvenience this may cause and appreciate your patience as OFLC transitions back to full operational status," the department said on its website on 31 October.

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The resumption also includes Program Electronic Review Management (PERM) labor certifications, which are the first step for US employers seeking to sponsor foreign workers for Green Cards t hrough permanent positions. These procedures help protect US workers' wages and working conditions.

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The OFLC manages the labor certification process that US employers must complete before hiring foreign workers under programmes such as H-1, H-2A, H-2B, and PERM. Applications are submitted through the FLAG portal, which serves as the official online platform for filing, uploading documents and tracking cases.

The interruption disproportionately affected Indian professionals, who account for nearly 70% of all H-1B visa holders. Many rely on prompt LCA and PERM approvals to preserve their legal immigration status and remain employed in the United States. The shutdown left thousands of cases on hold, including prevailing wage determinations, LCAs, and PERM applications. Immigration attorneys noted that this situation generated uncertainty for workers whose visas were nearing expiration.

Meanwhile, according to India Today, as of July 2025, some cases filed as early as March 2024 remained unresolved, sparking worries for workers' legal status amid delayed timelines and potential visa expirations.

Key Takeaways
  • With the portal now fully functional, employers can submit new Labor Condition Applications (LCAs) for H-1B visas, specialty occupation visas widely used by skilled professionals and monitor the status of existing applications.
  • The Foreign Labor Application Gateway (FLAG) portal, as well as the dol website, have reopened after being offline since around September 30.

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