Headlines:
OFLC Resumes Utility Processing; Delays Anticipated – The Workplace of Overseas Labor Certification has resumed processing of employer requests for prevailing wages and labor certification determinations for momentary and everlasting employment in the USA.
OFLC Pronounces Extensions and Emergency Procedures in Mild of Shutdown – Because of the federal authorities shutdown, the Workplace of Overseas Labor Certification is implementing momentary modifications to its customary procedures associated to purposes and paperwork affected by the cessation of utility processing actions from October 1, 2025, by November 2, 2025.
Court docket Units Expedited Briefing Schedule for $100K H-1B Price Problem – The decide listening to a authorized problem to a $100,000 price on employers in search of to sponsor an worker for an H-1B visa has ordered that every one authorized briefings within the case be accomplished by December 8, 2025.
USCIS Receives ‘Overwhelming’ Variety of Functions for New ‘Homeland Defender’ Positions – The announcement didn’t specify what vetting procedures or coaching Homeland Defenders will bear to allow them to carry out the required duties of the place.
Annual Asylum Charges Paused in Response to Court docket Order – U.S. Citizenship and Immigration Companies has paused the issuance of Annual Asylum Price (AAF) notices in accordance with a court docket order.
DHS Terminates South Sudan TPS Designation – The Division of Homeland is terminating South Sudan’s designation for Non permanent Protected Standing, efficient January 5, 2026.
DOS Alerts Upcoming Modifications to DV Program, Postpones Launch of DV-2027 – The Division of State is implementing “sure modifications” to the Range Visa (DV) entry course of and has postponed the beginning date for the launch of DV-2027.
Particulars:
OFLC Resumes Utility Processing; Delays Anticipated
The Division of Labor (DOL) introduced that the Workplace of Overseas Labor Certification (OFLC) has resumed processing of employer requests for prevailing wages and labor certification determinations for momentary and everlasting employment in the USA. OFLC’s Overseas Labor Utility Gateway (FLAG) system is now accessible, DOL stated, as is OFLC’s SeasonalJobs.dol.gov system, an internet job registry of H-2A and H-2B momentary job alternatives.
OFLC stated it’s “taking all steps essential to resume utility processing.” OFLC anticipates “elevated requests for stakeholder help, and this implies some stakeholders might expertise longer than regular processing and response instances.”
OFLC Pronounces Extensions and Emergency Procedures in Mild of Shutdown
Because of the federal authorities shutdown, the Division of Labor’s Workplace of Overseas Labor Certification (OFLC) introduced on November 5, 2025, that it’s implementing a number of momentary modifications to its customary procedures associated to purposes and paperwork affected by the cessation of utility processing actions from October 1, 2025, by November 2, 2025.
In mild of those distinctive circumstances for employers in search of prevailing wage and labor certification determinations, OFLC is implementing a number of momentary modifications to its customary procedures associated to purposes and paperwork affected by the cessation of utility processing actions from October 1, 2025, by November 2, 2025:
- For submissions mailed to OFLC and postmarked between October 1 and November 2 or despatched by business supply companies, OFLC will manually enter purposes and different correspondence obtained from October 1, 2025, by November 2, 2025, into the Overseas Labor Utility Gateway (FLAG) system. As soon as the knowledge and associated correspondence related to an utility are entered into the FLAG system, a case quantity will likely be assigned and the employer will obtain a notification that the applying has been obtained for processing. As quickly as practicable, OFLC can even reply to correspondence submitted by electronic mail or by mail or business supply companies as soon as the submitted info has been entered into the FLAG system.
- Any utility or different correspondence submitted by mail or business supply service will likely be thought of to have been filed on the date it was postmarked. Any correspondence despatched by electronic mail will likely be deemed to have been obtained the day it was despatched.
- Responses or different requests for info related to correspondence issued by OFLC associated to purposes pending on October 1, 2025, that contained a due date for response by the employer throughout the interval of October 1, 2025, by November 2, 2025, could have their due dates robotically prolonged by 33 calendar days. Employers don’t have to submit a request to increase any submission deadline that fell throughout the interval of October 1, 2025, by November 2, 2025.
- Concerning the PERM program, if an employer’s recruitment efforts or prevailing wage dedication expired between October 1 and November 2, 2025, the employer might submit purposes electronically utilizing the expired recruitment efforts or prevailing wage dedication throughout the identical 33-calendar-day interval throughout which an computerized deadline extension has been supplied.
- For H-2A, H-2B, and CW-1 purposes that might not be filed between October 1, 2025, and October 31, 2025, OFLC encourages employers to submit emergency requests by following the regulatory provisions for doing so for every visa program. OFLC notes that the H-2A (20 CFR 655.134) and H-2B (20 CFR 655.17) laws embody provisions allowing employers to request a waiver of the regulatory time interval for submitting an utility, and that the CW-1 laws include a provision below 20 CFR 655.422 allowing employers to request permission to submit an utility with out first having obtained a prevailing wage dedication.
OFLC famous that this steering solely applies to deadlines imposed by OFLC; it doesn’t apply to deadlines for submission of appeals to or deadlines set by the Board of Alien Labor Certification Appeals.
Court docket Units Expedited Briefing Schedule for $100K H-1B Price Problem
The decide listening to a authorized problem to a $100,000 price on employers in search of to sponsor an worker for an H-1B visa has ordered that every one authorized briefings within the case be accomplished by December 8, 2025.
Decide Beryl Howell’s order specifies that the federal government should file its opposition to abstract judgment by November 28, 2025. The Chamber and AAU are allowed to file a reply to the federal government’s arguments, due December 8, 2025. Following completion of briefing, the court docket will resolve whether or not to carry oral argument, though Decide Howell acknowledged that the plaintiffs, the U.S. Chamber of Commerce and the Affiliation of American Universities (AAU), have established that they’re entitled to immediate judicial overview. As such, in line with observers, the decide could also be ready to subject a call earlier than the tip of December.
If the Chamber and AAU prevail, the court docket might invalidate or enjoin enforcement of the Proclamation nationwide. Whatever the preliminary determination, the dropping get together could have the precise of attraction to the District of Columbia Circuit Court docket. The DC Circuit might permit the Presidential Proclamation establishing the price to remain in impact or might permit it to remain blocked whereas the litigation proceeds within the DC Circuit. A remaining determination would then be greater than a yr away, however Decide Howell’s preliminary determination—and whether or not the DC Circuit permits that call to enter impact whereas it considers the attraction—is anticipated to make clear, for employers and H-1B visa holders, how lengthy they’ll should be involved in regards to the Proclamation and its $100,000 price.
USCIS Receives ‘Overwhelming’ Variety of Functions for New ‘Homeland Defender’ Positions
U.S. Citizenship and Immigration Companies (USCIS) introduced on November 6, 2025, that since beginning its hiring marketing campaign for “Homeland Defenders” on September 30, the company “has obtained an awesome 35,000-plus purposes—probably the most for any place in company historical past” and has made “tons of of job gives,” with extra to come back.
USCIS stated it’s in search of “fiercely devoted, America-first patriots to serve on the frontlines and maintain the road in opposition to terrorists, legal aliens, and unhealthy actors intent on infiltrating our nation. This contains interviewing aliens, reviewing purposes, and figuring out legal or ineligible aliens.” Amongst these receiving gives, USCIS stated, are “former legislation enforcement personnel and veterans who’ve expertise serving and defending their communities and our homeland.” The announcement didn’t specify what vetting procedures or coaching Homeland Defenders will bear to allow them to carry out the required duties of the place. USCIS stated it “has minimize crimson tape and may make on-the-spot job gives at upcoming job festivals.”
USCIS Director Joseph Edlow stated that USCIS is “not losing time” and is hiring “at a fast tempo,” and that he appears to be like ahead to “onboarding many extra Homeland Defenders within the coming weeks.”
U.S. Citizenship and Immigration Companies (USCIS) introduced on November 7, 2025, that in accordance with an October 30, 2025, court docket order, it has paused the issuance of Annual Asylum Price (AAF) notices.
“Any applicant who has obtained a discover from USCIS instructing her or him to pay the AAF might disregard that discover whereas the momentary keep is in place. USCIS is not going to refund beforehand paid annual asylum charges, and candidates who paid the price ought to retain their receipts. USCIS will subject up to date directions on fee of the AAF pending additional litigation developments,” the company stated.
DHS Terminates South Sudan TPS Designation
On November 5, 2025, the Division of Homeland Safety (DHS) introduced that it has printed a Federal Register discover terminating South Sudan’s designation for Non permanent Protected Standing (TPS), efficient January 5, 2026.
The Systematic Alien Verification for Entitlements (SAVE) program famous that:
- Employment Authorization Paperwork (EADs) with a class of A12 or C19 and a Card Expires date of November 3, 2025; Might 3, 2025; or November 3, 2023, issued below a previous TPS designation of South Sudan at the moment are legitimate by January 5, 2026. TPS South Sudan candidates or beneficiaries presenting an EAD from a earlier TPS South Sudan designation should not required to indicate some other doc, resembling a Kind I-797 or Kind I-797C, Discover of Motion, approval or receipt discover, to ascertain the brand new EAD validity interval.
- SAVE will confirm if an individual has TPS or a pending TPS utility (and any up to date employment authorization validity interval) utilizing info from any paperwork famous above. In some cases, the benefit-granting company might have to institute extra verification.
- If an individual’s TPS has expired and so they haven’t any different lawful standing, SAVE will present a “No Standing” response.
- Profit candidates whose TPS has been terminated might have one other lawful foundation to stay within the U.S. and may be employment-authorized primarily based on one other immigration standing or a pending utility.
DHS stated that South Sudanese nationals leaving the USA “ought to use the U.S. Customs and Border Safety CBP House Cell App to report their departure from the USA and make the most of a protected, safe technique to self-deport that features a complimentary airplane ticket, a $1,000 exit bonus, and potential future alternatives for authorized immigration.”
DOS Alerts Upcoming Modifications to DV Program, Postpones Launch of DV-2027
The Division of State (DOS) introduced on November 5, 2025, that it’s implementing “sure modifications” to the Range Visa (DV) entry course of and has postponed the beginning date for the launch of DV-2027.
“We’ll announce the beginning date for the DV-2027 registration interval as quickly as practicable, in addition to the date that DV-2027 choice outcomes might grow to be out there by the Entry Standing Test (ESC),” DOS stated, including that the modifications “is not going to have an effect on the visa utility interval for people chosen for DV-2027, which is able to stay October 1, 2026, to September 30, 2027.”
DOS didn’t point out a cause for the delay. Some analysts reportedly consider that it might be associated to eligibility and registration necessities below overview, along with the federal authorities shutdown.
Agency within the Information
Cyrus Mehta was quoted by the Instances of India:
