H-1B Filing Resumes: US Launches System for Employers to Submit and Track Applications

The US Department of Labour has restored its main processing systems for foreign worker applications after a month-long disruption, allowing employers and applicants to resume filing and tracking cases.

The Office of Foreign Labor Certification (OFLC) confirmed that the Foreign Labor Application Gateway (FLAG) system is fully operational once again. This platform supports applications for both temporary and permanent employment certifications.

The restart is particularly important for H-1B and other nonimmigrant visa categories that depend on timely labour condition approvals to proceed with employment. Although the department’s announcement did not specifically mention Labour Condition Applications (LCAs), immigration lawyers have reported renewed processing activity.

Aizada Marat, founder of Alma Immigration, said on social media that approved LCAs have started to return, noting one case filed before the October shutdown. “If you exclude the shutdown period,” she wrote, “that’s roughly a 10-day turnaround, a strong signal that pre-shutdown LCA cases are now moving again.”

The FLAG system’s restoration aligns with preparations for the U.S. Citizenship and Immigration Services (USCIS) fiscal year, which began on 1 October 2025 and will run through 30 September 2026. This cycle resets visa quotas and prepares for the H-1B 2027 cap season, expected to open for registrations in March 2026.

Recent regulatory updates have also introduced a significant financial change: US employers must now pay a $100,000 fee for each foreign worker hired under both cap-subject and cap-exempt H-1B petitions filed after 21 September. This adjustment is expected to influence how companies plan and manage foreign hiring.

Further reforms are anticipated for the upcoming H-1B lottery process. Policymakers are considering a wage-based selection system that would prioritise higher-paid and more skilled applicants over a random draw. If implemented, this approach would better align visa selection with labour market needs and economic priorities.

In addition, the OFLC’s SeasonalJobs.dol.gov platform, which supports the H-2A and H-2B visa programmes, has also resumed full functionality. These programmes allow US employers to hire foreign workers for temporary agricultural and non-agricultural jobs. The H-2B programme remains crucial for industries facing seasonal labour shortages, with Congress maintaining an annual cap of 66,000 visas.