Are VAWA-Based EADs Processed During Federal Government Shutdowns?

(VERMONT, UNITED STATES) Survivors applying for VAWA-based EAD work permits can expect U.S. Citizenship and Immigration Services to keep processing their cases even if Congress fails to pass a budget and federal agencies shut down. USCIS is mostly funded by application fees and continues key adjudications during lapses in federal funding, a practice that has covered VAWA-related filings in past shutdowns. That includes Form I-765, Application for Employment Authorization applications for employment authorization linked to approved VAWA self-petitions.

USCIS adjudicates VAWA-based EAD requests through its Vermont Service Center, which has long handled these cases because of confidentiality rules and the sensitive nature of the evidence. Applicants generally must have an approved VAWA self-petition on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant before USCIS can issue a work card under category C31. The agency’s fee-funded model allows these decisions to move forward even when other parts of the federal government stop regular operations.

According to analysis by VisaVerge.com, VAWA applicants faced fewer disruptions than many employment-based immigrants during prior shutdowns, because their cases do not depend on the Department of Labor. In contrast, DOL halts labor certifications and related filings during a funding lapse, causing ripple effects for H-1B changes, PERM recruitment steps, and wage determinations. None of those steps are required for a VAWA-based EAD, so those workers are spared that particular bottleneck.

Policy context and what continues

USCIS has publicly stated in past alerts that its core processing continues during a funding lapse, since filing fees support most operations. That position has covered filings tied to the Violence Against Women Act, including VAWA self-petitions and their related work authorization requests.

While the agency may adjust staffing or timelines, it does not suspend the intake or adjudication of fee-paid applications. For VAWA applicants, that stability can mean the difference between income and hardship.

How the process works (technical steps)

1. File a confidential VAWA self-petition on Form I-360 to show the qualifying relationship, the abuse, and good moral character.
2. After USCIS approves the I-360, request a VAWA-based EAD by submitting Form I-765.
3. USCIS routes these filings to the Vermont Service Center (VSC) to protect privacy and allow trained officers to review sensitive evidence.

The VSC’s setup helps minimize exposure of personal data to other systems and ensures confidentiality.

During a shutdown, the most visible differences tend to appear outside USCIS. For example:

• DOL’s online portals close.
• Agencies that rely on congressional appropriations pause many services.
• Some VAWA grant programs may freeze new awards until funding resumes.

None of that stops USCIS from continuing VAWA adjudications or issuing work cards, because those operations draw on application fees rather than annual spending bills.

USCIS has also shown limited flexibility with deadlines during and after past shutdowns, especially where an applicant couldn’t obtain a required document from a closed agency. That flexibility has mattered less for VAWA-based EAD filings, which typically do not depend on DOL certifications or foreign documents processed by shuttered federal offices.

If a survivor needs extra time because a related agency was closed, the recommended step is to reply by the due date with an explanation and any proof of the barrier.

USCIS operations continue during a lapse in federal funding — a message that offers assurance to time-sensitive filers.

Impact on applicants and timeline expectations

For families relying on a VAWA-based EAD, the main concerns are whether a shutdown will slow:

• Mail intake
• Lockbox fee processing
• Case movement within USCIS

Historically, these functions have continued, though staffing levels can affect speed. The Vermont Service Center continues to receive and process VAWA cases. Applicants should still see:

• Receipt notices
• Biometrics scheduling, if needed
• Final decisions moving forward, even if some response times shift modestly

Practical steps for those filing now

• File Form I-360 and Form I-765 with complete, well-organized evidence to reduce back-and-forth and avoid delays. Link to your approved VAWA petition clearly when requesting the VAWA-based EAD.
• Use current editions of USCIS forms and pay the correct fees. The official Form I-765 page is on the USCIS website at Form I-765, Application for Employment Authorization. The self-petition is at Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
• Keep your address updated with USCIS so you don’t miss notices. Delivery services continue during shutdowns, but returned mail can cause setbacks.
• If you receive a Request for Evidence (RFE), respond by the deadline. If a related agency closure made a document unreachable, include a short note and proof (e.g., website screenshots or dated letters).

Applicants should also remember that VAWA confidentiality rules remain in effect. USCIS does not disclose information about the self-petitioner to the abuser or to third parties not authorized by law. That protection applies regardless of a shutdown and is one reason the Vermont Service Center remains the central hub for these cases.

Human and community impact

The human impact of steady processing cannot be overstated. A work card allows a survivor to:

• Secure a job
• Open a bank account
• Access state benefits that require proof of identity or lawful presence
• Maintain housing and stability for children

Even slight uncertainty about case progress can cause fear. The message from USCIS operations has been consistent: VAWA adjudications, including VAWA-based EADs, continue.

There are broader immigration ripple effects during shutdowns:

• Employment-based cases that rely on DOL stop, jamming employer plans and stalling job offers for workers not in the VAWA pathway.
• Family-based consular processing at the Department of State can face scheduling constraints if a shutdown stretches on and local conditions vary.

But the core USCIS machine keeps running, which shields many applicants in the United States from the worst disruptions.

If Congress reaches a funding deal and the government reopens, USCIS may shift staff to handle any backlogs that built up elsewhere in the system. That can even help move cases faster for a period.

Practical reminders and resources

• Premium processing does not apply to VAWA-based EADs.
• Expedite requests for humanitarian reasons can still be made; these are decided case by case and depend on proof of harm, medical needs, or loss of housing or income.
• Advocates report that steady VAWA processing helps local shelters and service providers plan support and frees shelter space as survivors move toward independence.
• USCIS’s advisory page: USCIS operations continue during a lapse in federal funding.

If you have not received a receipt or card

• Mailroom workloads fluctuate; delivery times vary by location.
• After 30 days with no receipt, consider:
  • Checking with your postal carrier
  • Confirming the fee instrument was cashed
  • Contacting the USCIS Contact Center
• If a card was approved but not delivered, use the case inquiry tools for non-delivery and confirm your address.
• Keep copies of all filings (cover letters, certified translations, proof of mailing). These records help answer case status questions without repeated agency contact.

Attorneys emphasize that the Form I-765 receipt notice can help if an employer needs proof that a work card is pending; many employers accept it for tracking purposes while final approval is pending.

Why Vermont Service Center matters

The Vermont Service Center’s role remains central:

• Officers are trained to handle VAWA evidence and apply privacy safeguards.
• The VSC keeps separate files and uses restricted access to protect survivors.
• That structure has made the center the anchor for VAWA-based decision-making nationwide.
• Even if USCIS shifts workloads between service centers for other programs, VAWA remains concentrated at VSC to protect survivors.

In the end, shutdown drama in Washington can feel distant until it touches a paycheck, a housing application, or a school enrollment. For VAWA self-petitioners, continued processing of the VAWA-based EAD is a lifeline. The combination of fee funding, established privacy rules, and the Vermont Service Center’s specialized handling means these cases keep moving. For those in crisis, that steady movement toward work and safety matters more than any headline.