The Department of Labour (DOL) has announced that Labour Condition Application (LCA) submissions will resume from 31 October 2025, bringing relief to thousands waiting on H-1B processing.
LCA Submissions Resume After Delay
The Office of Foreign Labour Certification has reopened its FLAG system for new applications. Employers can now submit LCAs required for H-1B petitions, a process that had been stalled during the filing shutdown.
Questions Around H-1B Coverage
Immigration attorney Steven Brown confirmed that the DOL has resumed operations. However, he is still seeking clarification on whether the update explicitly covers H-1B LCAs. The announcement lists PERM and H2 applications but does not mention H-1B, H-1B1, or E-3 visas.
Confusion Over Visa Categories
According to Brown, some employers have successfully submitted H-1B LCAs, suggesting that the system may indeed be accepting them. Still, it’s unclear whether the omission in the announcement was an oversight or an intentional exclusion.
Backlog and Delays Expected
The DOL expects longer processing times due to the backlog created during the shutdown. Immigration experts advise applicants to prepare for extended reviews, even though submissions have resumed.
Impact on Applicants and Employers
The recent shutdown had forced many H-1B applications to pause, affecting foreign professionals waiting for approval. In some cases, job offers were withdrawn due to uncertainty over when filings would reopen.
Firms Advise Patience
Reddy Neumann Brown PC, Steven Brown’s law firm, cautioned that while LCAs can now be submitted, processing delays are likely. The DOL’s notice confirms acceptance but does not specify how quickly applications will be reviewed.
We are seeking clarification that they include H-1B LCAs as they specifically mention the PERM side and H2. We have confirmation of folks being able to submit H-1B LCAs, but the DOL announcement and contingency plan do not specifically mention H-1B. Oversight or intentional? https://t.co/KsNfksBxZo
— Steven Brown (@AttyStevenBrown) October 31, 2025
As of October 31st, 2025, the DOL will resume processing prevailing wage requests and labor certification (PERM) applications. The FLAG system is now accessible. It is unclear at this time whether the update includes labor condition applications for H-1B, H-1B1, and E-3 visa…
— Reddy Neumann Brown PC (@rnlawgroup) October 31, 2025
