RFE Deadlines in a Government Shutdown: No Automatic Extension

VisaVerge.com

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Key takeaways

USCIS continues processing during a federal shutdown; RFE deadlines listed on notices generally remain unchanged.

Standard H-1B RFE deadlines are usually 60 days; missed deadlines risk denial and rare exceptions are unreliable.

If RFE needs DOL items and DOL is closed, document good-faith efforts and submit a complete partial response on time.

H-1B employers and workers facing a Request for Evidence (RFE) days before a possible federal government shutdown should plan to meet the original deadline. Immigration attorneys and agency guidance are clear: the RFE deadline listed on the notice generally does not move, even when parts of the federal government close.

USCIS is funded mainly by filing fees, so core USCIS processing continues during a shutdown. That means officers still accept filings and issue decisions, and the clock on an RFE keeps running.

RFE Deadlines in a Government Shutdown: No Automatic Extension

Key deadline rules and risks

The standard H-1B RFE deadline is usually 60 days from the date on the notice.
While the agency can forgive late responses in rare cases, those exceptions are not promised and should not be expected.
The risk of denial for a missed RFE deadline is real; treat the due date as firm.
Analysis by VisaVerge.com shows employers who assume they will get an extension often end up scrambling and may weaken their case by submitting rushed or incomplete answers.

Important: USCIS processing remains active during a funding lapse, so an RFE deadline is still due.

⚠️ Important

Do not expect automatic extensions during a shutdown; the 60-day deadline is typically firm and late responses can lead to denial.

How a shutdown affects different parts of the H-1B process

USCIS operations: Generally continue because the agency is fee-funded. Officers can accept filings and issue decisions during a lapse in federal funding.
Department of Labor (DOL): Often stops routine operations during a shutdown. The DOL certifies Labor Condition Applications (LCAs), so any RFE that requires DOL actions (new or amended LCAs) may be delayed until funding resumes.
Mismatch risk: If an RFE asks for DOL-dependent evidence, you may not be able to obtain it in time, creating pressure on employers to meet the deadline.

USCIS has shown flexibility in past shutdowns when a late filing clearly resulted from a related agency’s closure, but there is no formal policy that extends every deadline. Officers evaluate facts case-by-case.

Practical guidance: what to do now

Submit a complete, timely response based on materials you can obtain now.
If DOL items are missing because of a shutdown, include proof of good-faith efforts to obtain them (screenshots, outage notices, email records).
Do not rely on later forgiveness; plan to file on time.

For official USCIS guidance about operations, check the agency’s alert: USCIS Operates During Federal Government Shutdown.

Building the strongest possible RFE response

If your RFE concerns items that do not involve DOL (examples below), gather and submit that material immediately:

Employer–employee relationship evidence (supervision letters, reporting lines)
Specialty occupation documentation (detailed job descriptions)
Proof of beneficiary’s education (degrees, evaluations)
Supporting materials: employer letters, organizational charts, contracts, expert evaluations

Tips for packaging your response:
– Answer each RFE point line-by-line. The more complete, the less likely the officer will request more evidence.
– Place the original RFE notice on top of the response package.
– Include a clear cover letter listing requested items and where each piece appears in the packet.
– Use carriers with delivery confirmation and keep copies of everything.

💡 Tip

Submit a complete, on-time RFE response using whatever documents you currently have; avoid waiting for missing items that may be delayed by shutdowns.

Forms and premium processing

If an amended filing is required, the primary petition form is Form I-129, Petition for a Nonimmigrant Worker: Form I-129.
To request expedited handling after you respond, file Form I-907, Request for Premium Processing Service: Form I-907.
Premium processing may remain available, but USCIS staffing shifts during a shutdown can affect timing. The premium processing clock does not change the original RFE deadline.

Mail, internal routing, and procedural tips

Mail and courier services generally continue, but internal intake and routing at USCIS can be slower during a shutdown.
Build in extra days so your response arrives before the due date.
Use carriers with tracking and delivery confirmation.
Add a cover letter and a clear contents list to help officers review materials faster.

Internal company steps to avoid last-minute delays

Assign one person to drive the RFE response.
Set earlier internal cutoffs for collecting documents.
Anticipate delays from finance, managers, HR, or vendors (e.g., checks, signed letters).
Keep a checklist and follow up proactively.

Targeted steps if a shutdown overlaps your RFE period

Map the RFE by topic. Separate items that rely on DOL from those that do not.
For non-DOL items, compile proof immediately and aim to finish these sections early.
If DOL evidence is required and systems are down, document attempts to obtain it (screenshots, closure notices, emails).
Prepare a strong partial response with a short, factual explanation for any missing DOL-dependent items and a plan to supplement as soon as services resume.
Ship the response several days before the RFE deadline with tracking, and keep copies of everything.

Human impact and practical advice

The human cost is significant: a missed RFE deadline can mean loss of work authorization for a worker, hiring delays for employers, and instability for families. Focusing on what you can control—meeting the RFE deadline with a complete response and documentation of missing items—reduces these risks.

Employers sometimes wonder whether to wait for DOL to reopen before filing. The safer approach is usually to file on time with everything you have and include a clear note about what could not be obtained because of the shutdown.
If DOL reopens before the RFE deadline, update your packet and include the new evidence.
If DOL reopens after the deadline, consult counsel about supplementing and explaining the sequence. Officers have seen these situations before and will look for concrete proof of effort and timeliness.

Stay alert for official announcements

USCIS may issue updates about service availability or mailing delays during a shutdown. VisaVerge.com reports that monitoring these notices can help employers adjust filing strategies in real time without missing mandatory due dates.

Bottom line: a government shutdown does not extend your RFE deadline. USCIS keeps working, so the best defense is a complete, on-time response supported by clear records of what you could not obtain due to DOL closures. Prepare early, file early, and keep proof of every step.

Frequently Asked Questions

Does a federal government shutdown automatically extend an H-1B RFE deadline?

No. USCIS is largely fee-funded and generally continues processing during a shutdown, so the RFE deadline listed on the notice typically remains in effect. Extensions are rare and evaluated case-by-case, so you should plan to meet the original deadline.

What should I do if my RFE requires documents from the Department of Labor but DOL systems are down?

Submit all non-DOL evidence before the RFE deadline and include documented proof of your attempts to obtain DOL items (screenshots, outage notices, emails). Provide a concise explanation of missing items and a plan to supplement once DOL reopens.

How long is the standard H-1B RFE response period?

The standard RFE response period for many H-1B cases is typically about 60 days from the date on the notice. Specific deadlines appear on the RFE; treat that date as firm and prepare to submit by then.

What packaging and mailing steps reduce the risk of problems when responding to an RFE?

Place the original RFE on top, include a clear cover letter listing documents and their locations, answer each RFE point line-by-line, send via carrier with tracking and delivery confirmation, and keep copies of everything and internal records of collection efforts.

VisaVerge.com

Learn Today

RFE → Request for Evidence — an official USCIS notice asking for more documentation to decide a petition.

USCIS → U.S. Citizenship and Immigration Services — agency that adjudicates immigration petitions and accepts fee-funded filings.

DOL → Department of Labor — federal agency that certifies Labor Condition Applications for H-1B filings.

LCA → Labor Condition Application — DOL certification required for many H-1B petitions showing wage and workplace conditions.

Form I-129 → Petition for a Nonimmigrant Worker — the primary USCIS form used to file or amend H-1B petitions.

Form I-907 → Request for Premium Processing Service — optional form to request expedited USCIS adjudication for certain petitions.

Premium processing → An expedited service for faster USCIS decisions; it does not change original RFE deadlines.

Delivery confirmation → Carrier tracking and proof of delivery documents used to show timely submission of RFE responses.

This Article in a Nutshell

H-1B employers and beneficiaries receiving an RFE shortly before or during a federal government shutdown should plan to meet the RFE deadline listed on the USCIS notice. USCIS is primarily fee-funded and typically continues accepting filings and issuing decisions during funding lapses, so RFE clocks usually do not stop. Standard RFE timelines are about 60 days; late filings are sometimes forgiven but exceptions are rare. If the RFE requires Department of Labor items and the DOL is closed, compile and submit all non-DOL evidence immediately, document good-faith attempts to obtain missing items, and ship the response with tracking. Use a clear cover letter, organize materials line-by-line to the RFE, and keep copies. Assign internal responsibility, set earlier cutoffs, and monitor official USCIS and DOL updates. Filing a complete, timely response with proof of efforts is the best protection against denial and loss of work authorization.

— VisaVerge.com