The U.S. Department of Labor (DOL) has announced that the Office of Foreign Labor Certification (OFLC) has resumed processing of employer requests for prevailing wages and labor certification determinations for both temporary and permanent employment in the United States.
The Foreign Labor Application Gateway (FLAG) system is now fully operational, allowing users to:
- Prepare and submit new PERM applications, Prevailing Wage Requests, and Labor Condition Applications
- Access, submit, and receive information related to pending cases
Additionally, SeasonalJobs.dol.gov—the public job registry for H-2A and H-2B positions—has been restored to full functionality.
While the Labor Condition Applications may now be prepared and submitted, based on the language of the announcement, it is not clear when DOL will resume adjudicating those applications.
It also remains unclear how the DOL will treat PERM 9089 applications that were unable to be filed between October 1 and October 31. Under past administrations, employers were afforded a grace period after operations resumed, during which time PERM applications with expired recruitment could be filed.
The OFLC noted it is taking all necessary steps to return to normal operations. However, due to high demand and backlogged requests, employers may experience longer than usual processing and response times during this transition. WR Immigration will continue to monitor developments and provide updates as additional guidance is released.
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