The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued temporary relief measures for applications affected by government shutdown and the related suspension of the FLAG system. The November 5 guidance clarifies how OFLC will treat mailed filings, missed response deadlines, and emergency H-2A applications that could not be submitted while systems were offline.  

Here is what H-2A employers need to know. 

1. Mailed H-2A filings will be treated as timely 

Many employers mailed H-2A applications or responses because FLAG was inaccessible. 

• OFLC will manually enter shutdown-period mail and commercial delivery submissions (postmarked October 1 through November 2) into FLAG once staff are fully back online. A case number and receipt notice will follow. 

• Crucially, those submissions will receive a receipt date based on the postmark, not the later data-entry date. 

• Email submissions during that period are deemed received on the date sent. 

What to do now: Employers who used U.S. mail should retain proof of mailing, tracking, and email transmittals. Once your case appears in FLAG, confirm that the receipt date reflects the postmark so your filing is treated as timely. 

2. Automatic 33-day extension for OFLC response deadlines 

If you had an H-2A related deadline that fell between October 1 and November 2 (for example, responses to Notices of Deficiency or Notices of Acceptance, additional information requests, or reconsideration requests): 

• OFLC has automatically extended those deadlines by 33 calendar days. 

• No separate extension request is required. 

What to do now: Calculate the new due date by adding 33 days to the original OFLC deadline and submit your response as soon as possible through FLAG. This extension applies only to OFLC deadlines. It does not modify any deadlines set by BALCA or other agencies.  

3. Use emergency H-2A filing procedures if your start dates are at risk 

For employers who could not file H-2A applications during the shutdown and now face start dates that conflict with the normal filing timelines: 

• The existing H-2A emergency filing provision at 20 C.F.R. 655.134 remains available. 

• OFLC’s announcement recognizes the shutdown as a circumstance outside the employer’s control and encourages use of emergency requests where appropriate. 

• Employers must still document “good and substantial cause,” which can include the inability to access FLAG or obtain timely processing during the shutdown. 

What to do now: If your H-2A start date is approaching and you are outside the standard filing window, consult WG H-2A Services or counsel promptly about an emergency filing request that explains the shutdown-related barriers and ties them to specific dates and actions already taken. 

4. Practical steps for Western Growers members 

H-2A employers should: 

• Review all H-2A application and response deadlines that fell between October 1 and November 2 and apply the 33-day extension. 

• Confirm receipt dates in FLAG for any mailed filings and keep all mailing and email records. 

• Evaluate upcoming start dates to determine whether an emergency filing is warranted. 

• Coordinate H-2A filings with USCIS timing and any separate agency requirements, since OFLC’s relief does not automatically adjust those. 

Western Growers H-2A Services is monitoring these developments and can assist members in reviewing affected cases, documenting shutdown impacts, and structuring emergency filings where needed. 

Members with questions about OFLC’s emergency procedures should contact the Western Growers H-2A Services Team.