NAIROBI, Kenya — The United States Department of Labor (DOL) has resumed processing applications for the highly sought-after H-1B visa and other employment-based immigration programs, according to official announcements. This development, confirmed on Thursday, November 6, 2025 (EAT), brings an end to a temporary suspension caused by a U.S. federal government shutdown, providing critical relief to American employers and thousands of skilled foreign workers, including a significant number from Kenya.

The halt had frozen the intake of Labor Condition Applications (LCAs), a mandatory first step for employers seeking to hire professionals for specialty occupations under the H-1B program. The resumption of services by the DOL's Office of Foreign Labor Certification (OFLC) reopens a vital pathway for Kenyan citizens in fields such as information technology, healthcare, engineering, and finance who aspire to work in the U.S.

IMPLICATIONS FOR KENYA'S SKILLED WORKFORCE

The H-1B visa program is a significant channel for skilled migration from Kenya. While official data for the most recent fiscal years is still being compiled, historical figures highlight its importance. In fiscal year 2019, U.S. Citizenship and Immigration Services (USCIS) received 248 H-1B petitions for Kenyan-born professionals. More recent U.S. Department of State data shows that visa issuances at the Nairobi consulate for the H-1B category have fluctuated, with 332 visas issued in fiscal year 2024 and 249 in 2023, indicating a consistent demand.

The temporary shutdown had created considerable uncertainty for these applicants and their prospective employers. During such funding gaps, the DOL ceases all processing of LCAs and PERM applications, which are essential for both temporary work visas like the H-1B and permanent residency (Green Card) processes. This creates a backlog that can delay hiring timelines and jeopardize employment opportunities for months. For Kenyan professionals, these delays can translate into lost income, career disruption, and immense personal stress.

UNDERSTANDING THE SHUTDOWN'S IMPACT

A U.S. government shutdown occurs when Congress fails to pass funding legislation for federal agencies. While some immigration functions, like those under the fee-funded USCIS, continue to operate, the DOL's critical role in certifying labor conditions is suspended. An employer cannot file an H-1B petition with USCIS without a certified LCA from the DOL. This certification confirms that hiring a foreign worker will not negatively impact the wages and working conditions of American employees.

The recent pause, which began around the end of the fiscal year on September 30, affected not only new H-1B petitions but also those for H-2A (agricultural) and H-2B (non-agricultural seasonal) workers. In a notice, the DOL confirmed that its Foreign Labor Application Gateway (FLAG) online portal is now fully operational, allowing employers to submit new applications and monitor pending cases. However, the agency warned stakeholders to anticipate processing delays as it works through the accumulated backlog.

THE BROADER CONTEXT OF U.S. IMMIGRATION

The resumption of processing comes amid a complex and often contentious debate over U.S. immigration policy. The H-1B program, capped annually at 85,000 visas (65,000 regular and 20,000 for those with a U.S. master's degree or higher), is consistently oversubscribed, necessitating a lottery system to select eligible candidates. This high demand underscores the program's importance for U.S. industries, particularly the tech sector, which argues that it needs access to global talent to remain competitive.

For many Kenyans, the H-1B visa represents a pathway to professional growth, higher earnings, and, for some, an eventual route to permanent residency. The opportunities are particularly attractive to graduates in STEM fields, where the U.S. faces persistent labor shortages. The stability of this pathway is therefore closely watched in Kenya, as disruptions can have a ripple effect on career planning for many young professionals and impact the flow of diaspora remittances, a crucial source of foreign exchange for the Kenyan economy.

With the DOL's systems back online, immigration attorneys are advising employers to file their applications promptly to secure a place in the queue. For Kenyan professionals currently in the application process, the news provides a clear, albeit potentially delayed, path forward.