Immigration

United States | Recent developments: DOL resumes processing and DHS expands biometric requirements

Summary

The US Department of Labor (DOL) has confirmed that the Office of Foreign Labor Certification (OFLC) has resumed processing requests for prevailing wages and labor certification determinations for temporary and permanent employment in the United States, despite the ongoing federal government shutdown.

Meanwhile, the US Department of Homeland Security (DHS) has published a final rule expanding the use of biometrics at U.S. ports of entry and exit, and separately proposed a broader regulation to extend biometric requirements for immigration benefit applicants.

The detail

DOL resumes processing during government shutdown

The DOL announced that the OFLC has restarted processing employer requests for prevailing wage determinations and both temporary (H-2A, H-2B) and permanent (PERM) labor-certification filings. Although other federal agencies remain affected by the shutdown, the department confirmed that its immigration-related systems, including the Foreign Labor Application Gateway (FLAG) portal, are now accessible. Employers may continue to file, amend, and respond to case actions, as normal. However, while it appears that the DOL is permitting the submission of new Labor Condition Applications (“LCA”) for processing, it is unclear at this time whether the DOL will be certifying LCAs, which particularly impacts the H-1B, E-3, and H-1B1 programs.

The DOL has not yet announced plans for PERM labor certifications that could not be timely filed between October 1, 2025 and today. After past shutdowns, the agency granted employers a grace period following the resumption of operations, during which it accepted PERM applications with expired recruitment. Further guidance from the DOL is expected on whether similar measures will apply for this shutdown period. The existing backlog may also affect processing timelines.

What this means

Employers may proceed with pending or planned filings for PERM, prevailing wage determinations, and temporary worker certifications. However, employers should factor in potential delays, monitor the FLAG system for updates, and ensure filings and documentation are complete to avoid slowdowns.

DHS expands entry/exit biometrics requirements and biometrics collection

The DHS has published a final rule amending entry/exit regulations to allow photographs to be taken of all aliens (non-US citizens) upon entry to and/or departure from the United States—removing prior limitations on age, location, and pilot-program status.

Concurrently, DHS has proposed a rule expanding biometrics collection for any individual submitting or associated with an immigration filing, regardless of age, unless DHS otherwise exempts the requirement, and potentially requiring the collection of DNA, iris/retina scans, voice prints, and other identifiers.

Key elements of the proposed rule include:

• Requiring foreign nationals to be subject to regular biometrics collection and background screenings at any time until they become U.S. citizens, applicable to those present in the US after they are granted an immigration benefit.
• Eliminating the age exemption to require biometric submission for any filer, regardless of age.
• Codifying DHS authority to collect and store DNA for certain immigration-related adjudications (e.g., verifying relationships, identity verification and management, secure document production).
• Expanding the definition of “biometrics” to include facial images, palm/hand prints, iris/retina, voice recognition, and handwritten signatures, furthering the agency’s transition to a “person-centric model” in verifying immigration records and identities.
• Extending biometric vetting to individuals associated with immigration filings (including sponsoring employers, authorized signatories, and U.S. citizens, though details are unclear as to how this process will be implemented).
• Heightening the standard for applicants to reschedule a required interview, or a second or subsequent rescheduling of a biometrics appointment, from the current standard of showing good cause to a more stringent standard of requiring “extraordinary circumstances.”

The proposed rule has a 60 day comment period ending on January 2, 2026, after which USCIS will issue a final rule.

What this means

Employees and dependents traveling internationally should expect increased biometrics screening at entry and exit port of entries. Employers should advise affected individuals to allow extra time for inspection and ensure travel documents remain valid. For immigration filings, the proposed biometric rules could lead to slowdown in immigration processing. Sponsors and related parties should monitor for form revisions and prepare for procedural updates.

Conclusion

These developments reflect ongoing adjustments within U.S. immigration operations amid evolving policy and administrative priorities. While DOL’s resumption of processing provides greater predictability, DHS’s biometric proposals may add new compliance considerations. Stakeholders should monitor agency announcements and evaluate potential effects on current and future immigration processes.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Manish Daftari
Partner

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