After the government shutdown on October 1st, 2025, the Department of Labor (DOL) announced the suspension of accepting new PERM applications and halted adjudication of pending applications. With this, the FLAG online portal shut down, preventing many users from accessing vital information.
On October 31st, 30 days after the announcement, the DOL resumed the processing of PERM applications and began accepting employer requests for prevailing wage and labor certifications.
The 30-day disruption created a ripple effect, resulting in delayed filings, a backlog of pending cases, and a clear expectation of longer adjudication timelines. For employers and immigration counsel, the message is simple — the era of “normal” processing is delayed, and strategic planning is now essential.
This article outlines:
- Updated processing-time benchmarks after the DOL pause
- Projected timeline impacts for PERM and LCA (H-1B) filings
- Key mitigation strategies employers should adopt now
How Will this Impact PERM Processing Times
PERM (Form ETA-9089) Applications
As of late 2025, the DOL has been adjudicating non-audited PERM cases in approximately 15 to 17 months (450–520 calendar days). Even before the October shutdown, employers were already facing extended timelines, and that backlog has now deepened.
Prevailing Wage Determinations (PWDs)
Prevailing wage requests based on the Occupational Employment and Wage Statistics (OEWS) data are currently taking 4 to 6 months on average to process, depending on the job category and case complexity.
Effects of the Thirty-Day Pause
Because no new PERM certifications occurred during the shutdown, employers should anticipate an immediate uptick in processing times as the DOL addresses accumulated filings while new applications enter the queue.
Project Timeline (Post-Shutdown)
|
Case Type |
Pre-Pause Estimate |
Post-Pause Estimate |
Key Variables |
|
Standard PERM (non-audit) |
~15–16 months (450–480 days) |
~16–17 months (500–520+ days) |
Surge of filings, backlog clearance |
|
PERM with Audit |
~21–24+ months |
~23–26+ months |
Audit issuance, recruitment issues, case complexity |
|
Prevailing Wage Determination |
~4–5 months |
~5–6+ months |
Application volume, job classificaiton |
|
LCA for H-1B (certification stage) |
Historically 7-10 business days |
Up to 10-15 business days |
System backlog, employer identifier issues, FEIN/portal validation delays |
Employers should view these estimates as conservative baselines. Actual timelines may extend further depending on job category, employer history, and overall DOL workload.
Why Planning Timing Matters
- H-1B Cap Limits and Extensions: Workers nearing the six-year H-1B limit need timely PERM filings to qualify for extensions under AC21 §104(c) and prevent status gaps.
- Impact on I-140 and I-485 Filings: PERM delays compress subsequent immigrant petition and adjustment-of-status timelines, heightening the risk of audit or denial.
- Workforce Planning: Employers hiring for specialized or critical-skills roles must account for longer lead times from recruitment to approval.
- Budgeting Implications: Nonprofit and grant-funded organizations should anticipate longer pending periods for work authorization and potentially higher compliance costs.
Mitigation Strategies – What Employers Can Do
- Resume Filings Immediately and Verify Queue Status – Log into the FLAG portal, confirm that all pending PERM cases are visible, and restart any paused or delayed filings without waiting for further updates.
- Track the Queue Proactively – Monitor the DOL’s published “cases filed as of” date weekly to gauge your filing’s position. Assume slower timelines through early 2026 and communicate these expectations internally.
- Build Realistic Timelines into Staffing Plans – For new hires, plan at least 16–18 months from recruitment start to PERM certification. For H- 1B workers approaching their maximum stay, initiate PERM at least 18 months in advance and evaluate backup options.
- Strengthen Documentation Now
- Maintain detailed recruitment logs and audit-ready records.
- Ensure job requirements are consistent and justified by business necessity.
- For the LCA stage, confirm that the employer’s FEIN is validated in the DOL system, postings and notices are compliant, and wage documentation is current.
- Communicate with Stakeholders – Provide employees and management teams with clear expectations about extended processing times. Transparency prevents anxiety and supports workforce retention.
- Explore Alternative Visa or Green-Card Pathways – If timelines are constrained, consider strategic alternatives such as:
- EB-1A or EB-1C petitions, which may bypass PERM altogether.
- Cap-exempt H-1B or other non-immigrant classifications such as the L1 or the O1.
- Concurrent filings or dual-track strategies to preserve flexibility.
Special Focus: LCA Certification for H-1B Filings
While Labor Condition Applications (LCAs) have traditionally been certified within about 7 business days, employers should now plan for up to 10–15 business days for certification due to potential backlog ripple effects.
The LCA must be certified before the H-1B petition (Form I- 129) can be filed.
Key Employer Duties at the LCA Stage
- Post the required job notice (physical or electronic) before filing.
- Ensure the offered wage meets or exceeds the prevailing or actual wage standard.
- Retain the Public Access File for at least one year beyond the end of employment or LCA withdrawal.
Mitigation Tips
- Begin LCA preparation early – including wage verification, job description review, and posting – to prevent bottlenecks.
- Verify that the employer’s FEIN and corporate information are current in DOL systems.
- Maintain audit-ready records, even though LCA audits are less common, as increased scrutiny may arise post-shutdown.
The DOL’s resumption of PERM and related filings is a welcome development – but it does not mark a return to business as usual. Employers should expect longer processing times, audit risks, and staffing delays extending into 2026.
Proactive preparation, early filings, and consistent communication across HR and legal teams will be critical in navigating this transition period. Aligning workforce planning with these extended schedules will help employers minimize disruption and maintain compliance. For tailored case assessments, recruitment-audit reviews, or timeline planning support, the VisaNation is ready to assist.