Adjustment of Status Faces Higher Scrutiny
AOS is discretionary, not a substitute for standard immigrant visa processing
09/06/2026
Following the end of the federal government shutdown on November 12, 2025, after a record 43 days, routine visa services and labor certification processing have resumed. Federal funding has been extended through January 30, 2026, but operational delays and backlogs are expected. While some services continued during the shutdown through fee-based funding, staff furloughs and layoffs caused slowdowns, and coordination among agencies remains a challenge. Employers are encouraged to document any delays caused by the shutdown.
The Department of Labor (DOL) confirmed that the Office of Foreign Labor Certification (OFLC) resumed processing on October 31, 2025, for employer requests related to prevailing wages and labor certification determinations for temporary and permanent employment. The FLAG system is fully operational, allowing users to submit new applications and track pending cases. In addition, SeasonalJobs.dol.gov, the online registry for H-2A and H-2B temporary job opportunities, has been restored to full functionality.
OFLC is actively working to return to normal operations and will provide updates and technical guidance as needed. Due to high demand, longer-than-normal processing and response times are expected. The Department thanks employers and applicants for their patience during this transition back to full operational capacity.
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