October 2025
A recent USCIS Alert has clarified that it will continue to process H-1B, H-2A, H-2B, and CW-1 petitions during the shutdown. Employers can therefore expect ongoing adjudication of Form I-129 and Form I-129CW petitions filed with USCIS.
However, the agency acknowledged that the shutdown may affect an employer’s ability to obtain prerequisite Department of Labor (DOL) documentation, including:
- Certified Labor Condition Applications (LCAs) required for H-1B filings, and
- Temporary Labor Certifications (TLCs) required for H-2A and H-2B petitions.
Without these certifications, employers may face unavoidable delays in preparing and submitting petitions to USCIS.
Late Filings May Be Excused
USCIS stated that it will treat the shutdown as an “extraordinary circumstance beyond the petitioner’s control” when evaluating whether to excuse a late filing for:
- Extension of stay requests, or
- Change of status requests
This means that if an employer is unable to file a petition on time because of DOL’s limited operations during the shutdown, USCIS may still accept the petition as timely filed, provided the employer:
- Meets all other eligibility requirements, and
- Submits evidence showing that the delay was directly caused by the government shutdown.
Employers should maintain documentation demonstrating their efforts to file and any DOL system unavailability or processing delays.
What Employers Should Do
- Continue preparing H-1B and H-2 petitions where possible, anticipating that USCIS remains operational.
- Monitor DOL systems (FLAG and iCERT) for updates on when LCAs and TLCs can be submitted or certified.
- Document any shutdown-related disruptions to support potential extraordinary circumstance claims.
- Communicate proactively with employees whose extensions or start dates could be impacted by DOL processing delays.
USCIS has indicated that it will closely monitor the situation and publish additional guidance if conditions change.
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