With Congress again on the verge of a federal funding lapse, there is some good news for H-2A employers: the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) is expected to continue processing H-2A labor certification applications, even during a “partial” shutdown. 

Under DOL’s current lapse contingency plan, OFLC’s core processing functions are treated as activities that can continue because they support immigration-related functions that remain funded through employer-paid fees at other agencies. 

However, reporting today indicates that the odds of a shutdown have increased after a Senate deal to avoid a shutdown hit a snag, with funding set to expire at midnight. 

What DOL is saying 

In response to urgent calls from Western Growers, and other stakeholders, DOL’s lapse contingency plan was updated on October 31, 2025, and includes clear direction for Employment & Training Administration (ETA) foreign labor certification work: 

• “Foreign Labor Certification – OFLC will process prevailing wage determinations and labor certification applications.” 

• The plan explains that OFLC’s work “precedes” DHS and State visa admission and issuance activities, and that these exempt activities at DHS and State “remain funded by fee revenues authorized by Congress and paid by employers.” 

What it means for H-2A employers 

• This is a positive development. OFLC will continue to process H-2A labor certifications per the October 31, 2025, lapse contingency plan, during a partial government shutdown. 

• DOL front-end processing should continue. This helps preserve your intended start dates and keeps cases moving without requiring you to wait weeks for the government to reopen.

• Expect some delays in the event of a prolonged lapse. The plan itself notes that a prolonged lapse can exacerbate delays for temporary labor certification work, including H-2A. 

• I-129 petition and visa processing will continue. The petition for nonimmigrant visas (Form I-129) which is processed by USCIS, and visa processing conducted by the State Department, should continue more or less as usual, since these are employer-funded operations that do not stop during a funding lapse. 

Members with questions about H-2A processing during a government shutdown or the H-2A program in general should contact the Western Growers H-2A Services Team.