• Immigration Operations After the Federal Shutdown
  • October 22, 2013
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • The Department of Labor’s Office of Foreign Labor Certification (OFLC) is expected to reopen soon, as government agencies return to work in the wake of last night’s passage of a federal budget and debt ceiling bill. It may be several days, however, before OFLC’s PERM, labor condition application (LCA) and prevailing wage functions are operating fully.

    As of this morning, the PERM and iCERT online application systems remain offline. When they resume operation, employers and foreign nationals should expect processing delays and other slowdowns for several weeks at least, as DOL works through a large backlog of filings and deals with an expected surge of new cases. The slowdown may affect employers' ability to file H-1B petitions with USCIS, which require a DOL-certified LCA.

    USCIS’s E-Verify system, which was offline during the shutdown, is now operating.