OFLC Announces Filing Extensions After October 2025 Shutdown

Key Point 

• OFLC has announced temporary filing extensions and emergency procedures to support employers affected by the October 2025 government shutdown 

OFLC Deadlines 

On November 5, 2025, the Office of Foreign Labor Certification (OFLC) announced emergency measures to support employers impacted by the October government shutdown, which halted application processing and suspended access to the FLAG system from October 1 through October 31. 

Key updates include: 

• Manual entry of mailed submissions: Applications and correspondence postmarked between October 1 and November 2 will be manually entered into FLAG. Receipt dates will reflect the original postmark or email send date.
• Automatic 33-day deadline extension: The OFLC has extended all response deadlines that fell between October 1 and November 2 by 33 calendar days. Employers do not need to take any action to receive this extension.
• PERM flexibility: Employers can submit PERM applications using expired recruitment efforts or prevailing wage determinations during the 33-day grace period. FLAG may issue warnings, but it will still accept the submissions.
• Emergency filing for H-2A, H-2B and CW-1: Employers who missed filing windows due to the shutdown may request waivers or exceptions under existing regulatory provisions, provided they demonstrate good and substantial cause. 
• BALCA deadlines unaffected: OFLC’s guidance does not apply to deadlines set by the Board of Alien Labor Certification Appeals (BALCA) and stakeholders should contact BALCA directly with related questions. 

These temporary measures aim to reduce disruption and support employers as OFLC resumes full operations. 

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