Are O-2 Support Staff Petitions Processed During Government Shutdown?

(UNITED STATES) As of October 1, 2025, the federal government shutdown has begun after a lapse in funding, but petitions for O-2 support staff tied to extraordinary artists and athletes are still moving forward. Because U.S. Citizenship and Immigration Services (USCIS) is primarily funded by filing fees, the agency continues to accept and process O-2 petitions and related cases for primary talent and their teams. This matters for touring performers, film and TV crews, and live events facing tight production timelines across the United States 🇺🇸.

Policy operations during the shutdown

USCIS confirms it will keep handling most core workloads during a shutdown, which includes O-1 and O-2 processing. For performance groups, a common strategy is to submit one O-1 for the lead performer and separate O-2 petitions for essential support crew. That approach reduces paperwork while keeping cases organized.

The core rule still applies: O-2 petitions must be filed separately and cannot be filed before the O-1. In practice, filing both at the same time helps avoid breaks in scheduling.

While USCIS remains open, not every part of the immigration system keeps running:

• The Department of Labor’s Office of Foreign Labor Certification (OFLC) stops processing during a shutdown.
• O categories do not require labor condition filings, so O-1/O-2 petitions are insulated from OFLC stoppage.
• Productions that rely on other visa types for some team members could face delays if those workers need labor certifications or prevailing wage actions.

A key pain point is worksite onboarding. Even though USCIS keeps its doors open, E-Verify is unavailable during a shutdown. That means employers cannot run E-Verify cases until the system is restored.

• Employers must still complete the legally required Form I-9 for new hires on time, keep records, and follow standard reverification rules.
• For official guidance on E-Verify’s suspension during a shutdown, see the government notice at E‑Verify.
• The Form I-9 itself is available through USCIS at Form I‑9.

Practical effects for performers and employers

For live events, festivals, and film shoots, the most important takeaway is continuity at USCIS: O-1/O-2 petitions are still being accepted and adjudicated. Petitioners should continue normal timelines and avoid pausing filings unless they receive a case-specific request.

• If your show has fixed dates, submit petitions early and respond quickly to any USCIS notices.
• Delays in other parts of government—such as consular sections overseas—could still affect travel planning for those who need visas stamped abroad, even when petitions are approved domestically.

Filing structure matters more when schedules are tight. Each O-2 must connect to a specific O-1 case, and the O-2 can’t be filed first. Groups with several essential crew members—like stage managers, lighting designers, choreographers, or tournament coordinators—should bundle their O-2 petitions alongside the O-1 to keep timelines aligned. This helps avoid staggered approvals that can split travel and rehearsal plans.

According to analysis by VisaVerge.com, the fee-funded model at USCIS has historically allowed most employment-based petitions to keep moving during past shutdowns, even as other agencies pause. That pattern reduces uncertainty for artists and athletes who often cannot reschedule performances or competition windows. It also helps U.S. venues and employers keep high-demand programming on the calendar rather than canceling for lack of key staff.

Onboarding and compliance during the outage

Employers should plan around E-Verify’s pause by setting clear internal procedures:

• Complete Form I-9 for each new hire by the standard deadlines.
• Keep copies of any public notices and document timing of hiring and verification steps.
• When E-Verify returns, follow the government’s posted guidance on how to create cases for hires made during the outage.

Documenting steps now will help if questions arise later during compliance checks.

Visa stamping, consular processing, and travel risks

Production teams should watch for secondary effects beyond USCIS:

• If O-2 staff need visas at consulates abroad, local post operations may vary depending on the shutdown’s length and existing appointment backlogs.
• If travel is imminent, check consular websites and be ready with proof of urgent need tied to performance dates.
• Remember: USCIS petition approval is only one step. Visa stamping and border inspection depend on partners outside USCIS and can delay actual travel.

Filing strategy and evidentiary standards

The filing strategy for group shows remains the same:

• File one O-1 petition for the main performer.
• File one or more O-2 petitions for essential support personnel.

This is often more efficient than trying to construct multiple O-1s for an entire troupe, which raises the evidentiary bar each time. The O-2 category is designed for critical support who are integral to the performance and have long-standing working relationships or unique skills tied to the O-1’s craft.

USCIS operations continuing does not relax evidentiary requirements. O-1 and O-2 cases should still include:

• Clear contracts
• Detailed itineraries
• Letters explaining why each role is essential

For O-2s, show how the support professional’s skills are specific to the O-1 beneficiary’s performances or productions. During a shutdown, adjudicators still apply the same standards, so weak files risk delays through Requests for Evidence (RFEs).

Budgeting, deadlines, and contingency planning

There is no change to filing fees for O-1/O-2 categories and no blanket deadline extensions. Employers should:

• Stick to standard response windows for USCIS notices.
• Prioritize timely replies to any requests.
• Prepare contingency plans if team members are delayed by visa stamps or travel coordination.

Suggested contingency measures:

1. Adjust rehearsal sequences so core elements can proceed with staggered arrivals.
2. Identify backup personnel where possible.
3. Build extra time into travel and consular steps that sit beyond the petition stage.

Key compliance reminder

When questions arise about work authorization at onboarding, remember the difference between petition approval and employment eligibility verification:

• A USCIS approval confirms the petition and classification.
• Employers still need to complete Form I-9 for each worker and follow identity and work authorization document rules.
• With E-Verify offline, do not delay the I-9 process; complete it as required and update E-Verify steps when the system returns.

Important: USCIS keeps processing O-1 and O-2 categories, E-Verify remains down during the funding lapse, and DOL’s OFLC is paused. If the shutdown stretches on, ripple effects could grow, especially outside USCIS.

Until then, performers and employers should continue with well-prepared filings and firm timelines, building in extra time for travel and consular steps that sit beyond the petition stage.