H-4 EAD Pending 12 Months: Shutdown Adjudication and Delays

(UNITED STATES) H-4 EAD holders and applicants face a recurring worry whenever Congress nears a funding lapse: Will work permit cases stall if a government shutdown happens? As of October 2025, the answer is reassuring. USCIS keeps operating during a government shutdown, and H-4 spousal work permit requests—including applications pending more than 12 months—continue moving through the system.

Because USCIS depends mainly on filing fees rather than annual congressional funding, the agency accepts and decides most applications even when other federal offices close or scale back. That includes H-4 EAD filings for spouses of H-1B workers, both new and renewal cases.

What this means for families

The practical result is straightforward but important for families who rely on a second income. If your H-4 EAD application has been pending a year or longer, USCIS will keep processing it during the shutdown.

• The shutdown, by itself, does not freeze H-4 EAD adjudications.
• Applicants do not need to withdraw or refile simply because funding talks stall in Washington.
• VisaVerge.com analysis shows this pattern is consistent with prior lapses when USCIS kept core operations running while other parts of the immigration system slowed or paused.

Possible service slowdowns — what can change

While USCIS officers continue their work, access to some tools and related services may be affected:

• Online case updates and customer service channels may run slower.
• Applicants may notice delays in status messages or responses to service requests.
• These slowdowns are not the same as a halt to case decisions and do not change filing rules or eligibility standards.

The core process—intake, background checks, adjudication, and card production—continues for H-4 EAD cases. However, mailroom and card production partners may run slower, and service centers can experience spikes in workload or staff shifts, creating backlogs and delays across many USCIS forms.

Why H-4 EADs are insulated from DOL shutdown effects

A key reason H-4 EADs are less affected is that the Department of Labor (DOL) does not play a role in these applications:

• H-4 EAD filings do not require a Labor Condition Application (LCA), prevailing wage determination, or other DOL certification.
• When a shutdown pauses DOL programs like PERM or LCA processing, H-1B employers and green card applicants can feel the impact quickly. But those DOL stoppages do not directly affect H-4 EAD approvals, since USCIS can decide them without DOL input.

E-Verify and employer onboarding

Another system sometimes affected by a shutdown is E-Verify, the electronic tool some employers use to confirm new hires’ work authorization.

• E-Verify typically goes offline during a funding lapse.
• That does not affect whether USCIS approves an H-4 EAD.
• It affects only how an employer confirms work authorization for onboarding.

Employers are generally advised to:

1. Complete Form I-9 on time.
2. Resolve E-Verify cases once the system returns.

For H-4 spouses, the key point is simple: E-Verify downtime does not block your EAD approval and does not limit your ability to work if you already have a valid card.

No automatic extension for H-4 EADs during a shutdown

USCIS has made clear there is no special grace or “automatic extension” for H-4 EADs because of a shutdown.

• Some groups (e.g., certain TPS holders or adjustment applicants) can receive automatic EAD extensions under specific rules.
• Those automatic extensions do not apply to H-4 EADs as of October 2025.

If your card has expired and you do not have a new one yet, a pending case by itself does not let you keep working. This distinction is important for families budgeting around a single income while waiting on adjudication.

Filing and late filing history

During past funding lapses, USCIS has accepted late filings in certain categories if an applicant showed the delay was caused by the shutdown. That history:

• Does not apply to H-4 EADs in the sense of any special shutdown-era relief.
• H-4 EADs can be filed and processed while the government is shut down.
• The window for submitting an H-4 EAD does not close during a lapse; USCIS keeps receipting applications as normal.

Recommendations:

• Follow the usual filing instructions.
• Keep copies of everything submitted and save delivery confirmation.

How USCIS continues during a shutdown

USCIS is primarily fee-funded, so it stays open and continues intake and adjudications, including H-4 EAD extensions and first-time filings. That operational model shields the agency from most shutdown effects that would otherwise halt processing.

Possible impacts during a shutdown:

• Increased workloads across service centers
• Shifts in staff resources
• Slower partners (mailroom, card production)

These can create backlogs and delays but do not specifically target H-4 EADs.

If your case is outside normal processing times:

• Keep your place in line—do not refile or withdraw because of the funding lapse.
• You can pursue case inquiries through standard channels once systems return to full speed.
• Check your online account for notices, including any Request for Evidence (RFE). A formal RFE will list a response deadline that remains active.

Practical effects for H-4 spouses and employers

For families:

• If your H-4 EAD is approved, you may keep working during a shutdown.
• If you have a pending renewal and your current EAD has expired, you must wait for the new card—no automatic extension for H-4 EADs.
• Plan household budgets and speak with your employer early about expected timelines.

For employers:

• E-Verify outages may delay case submissions.
• Complete timely Form I-9 verification and follow restart guidance when E-Verify returns.
• Build extra time for onboarding H-4 spouses whose approvals are not yet issued.

For both applicants and HR teams, organization matters:

• Track receipt numbers and set calendar reminders to check status weekly.
• Save copies of filings, delivery receipts, and any USCIS notices.
• Watch for official updates on service status after a funding lapse ends.

Premium processing and forms

• Premium processing is not available for H-4 EADs.
• The form used to request an H-4 EAD is Form I-765, Application for Employment Authorization.

For official guidance and the latest edition of the form, visit the USCIS page for Form I-765, Application for Employment Authorization. Review the category for H-4 spouses and follow the evidence requirements closely, since missing items can trigger an RFE and add weeks or months to your case.

Options if processing times exceed posted ranges

• There is no separate relief track tied to a funding lapse for H-4 EADs.
• If your case time clearly exceeds the posted range after the government reopens, a service request can be appropriate.
• Some applicants consult counsel about escalation through their congressional office; outcomes vary and depend on case facts.

Separation from H-1B / DOL actions

It’s important to separate H-4 EAD adjudications from H-1B employer actions:

• If a shutdown pauses DOL tasks like LCAs or prevailing wage requests, it can delay an H-1B extension or steps in a green card process.
• Those delays do not by themselves block USCIS from approving an H-4 EAD.
• The spousal work authorization is decided under USCIS rules without DOL steps—this firewall reduces shutdown impact for H-4 families.

Communication tips during a shutdown

• Expect uneven communication and slower updates while a shutdown is active.
• Case status portals might update less often and the USCIS Contact Center may offer reduced live support.
• Adjudicators continue issuing decisions and sending notices by mail—keep your address current.
• Sign up for delivery alerts with your postal service if available.
• If you receive an RFE, respond by the listed deadline—shutdowns do not pause response clocks unless USCIS announces an extension.

For families who depend on two paychecks, the stakes are personal. Many H-4 spouses have built careers in the United States and an avoidable employment gap can mean lost income, delayed savings goals, and household stress. Clear, consistent rules during a government shutdown help reduce that uncertainty.

Bottom line and preparation checklist

The bottom line remains: H-4 EAD processing continues; plan for possible delays, but expect USCIS to keep working your case.

Practical preparation steps:

1. File complete applications and track deadlines.
2. File early within the allowed window for renewals to reduce the risk of employment gaps.
3. Keep HR teams informed and ask about contingency plans if a shutdown overlaps with your expected decision date.
4. Use official channels to raise a case inquiry if processing time exceeds posted ranges after normal operations resume.

These steady steps matter more than any sudden moves when headlines about a shutdown begin to appear.