Australian E-3 Visa at U.S. Consulates During a Government Shutdown

Australian citizens can continue to seek the E-3 visa at U.S. consulates during a federal government shutdown, but only if the required Labor Condition Application (LCA) is already certified by the Department of Labor. That single detail determines whether an application moves forward or stalls.

While U.S. consulates typically remain open even when Washington runs out of funding, the Department of Labor’s LCA system shuts down, and that blocks new E-3 cases at the very start. In practical terms, Australians with a pre-approved LCA can usually keep their consular appointments; those without one cannot advance until the Department of Labor reopens and clears the backlog.

Customs officers at ports of entry stay on duty, so travelers with a valid E-3 visa can still ask for admission to the United States 🇺🇸. But no one can get initial E-3 status at the border, and no one can get an E-3 visa at a port of entry. The choke point is the LCA.

How the E-3 Process Normally Works — and Where a Shutdown Hits

The E-3 visa is one of the more straightforward professional work routes for Australians because consular processing does not require a prior USCIS petition in normal times. The usual steps are:

1. Employer secures a certified LCA from the Department of Labor (ETA-9035/9035E).
2. Applicant completes the Form DS-160 visa application.
3. Applicant schedules and attends an interview at a U.S. consulate.
4. If approved, the traveler presents the E-3 visa at the airport or land border for admission.

A shutdown breaks this chain at the first link: the LCA. The Department of Labor’s Office of Foreign Labor Certification suspends case intake, takes its online systems offline (the FLAG portal), and pauses all pending LCAs until funding returns. No workaround exists, and consulates cannot waive the LCA requirement.

Current Operational Snapshot (October 2025)

• U.S. embassies and consulates: Generally treated as essential and remain open with reduced staffing. That can slow appointment scheduling and post‑interview processing.
• USCIS: Continues operating (funded by fees) but cannot approve E-3 change-of-status requests without a certified LCA.
• Department of Labor: LCA processing halts; FLAG goes offline. No new LCAs can be filed or certified.
• Customs and Border Protection: Ports remain open and can admit travelers holding valid E-3 visas, but cannot grant initial E-3 status at the border.

The common thread across all steps is the LCA. Without it, the E-3 path is effectively on pause.

“If your LCA is certified, keep going. If it isn’t, use this time to get everything else ready and wait for the Department of Labor to restart.”

Why the LCA Matters

The LCA is not a mere formality. It’s the official record that the U.S. employer offered at least the required wage and accepted basic working conditions for the worker.

• Employer files the ETA-9035/9035E Labor Condition Application through the Department of Labor’s online FLAG system.
• During a shutdown, FLAG is offline — employers cannot file new LCAs and pending cases cannot be certified.
• If the LCA was certified before the shutdown, the consular case can proceed; if not, the case waits until funding is restored.
• There is no fax, paper, email, emergency channel, or premium option to bypass this.

Consulate Practice During a Shutdown

• Consular interview windows generally remain open, though staffing is leaner and processing can be slower.
• Consular officers cannot issue an E-3 visa without a certified LCA in the file.
• Applicants who kept an interview slot but lack a certified LCA will likely be told their case must pause.
• Applicants who do show up with a certified LCA can complete interviews and, if approved, receive the visa once printing and final clearances resume.

The difference is binary: LCA in hand = case moves; no LCA = case waits.

USCIS and Change of Status

• USCIS remains operational but cannot approve an E-3 change of status without a certified LCA.
• Individuals inside the U.S. cannot submit a complete change-of-status package while the Department of Labor is closed.
• Once the Department of Labor resumes, employers can file LCAs and USCIS will be able to accept filings again.

Ports of Entry — What to Expect

• Customs officers keep admitting travelers during shutdowns.
• Australians with a valid E-3 visa may be admitted in E-3 status if otherwise admissible.
• Ports of entry cannot grant initial E-3 status — the visa must be issued by a consulate first.
• Travelers should carry the certified LCA, job offer letter, and consular approval notice to help officers verify details.

Practical Advice for Applicants and Employers

While the shutdown pauses new LCAs, the following steps keep cases ready so they can move as soon as funding returns:

• Confirm LCA status.
  • If the LCA is certified, proceed with the consular interview and prepare for possible staffing delays.
  • If it is not certified, be ready to file as soon as the Department of Labor reopens.
• Complete the DS-160 in advance.
  • The Form DS-160 is required for the E-3 visa. Save time by filling it out now: Form DS-160.
• Organize supporting evidence.
  • Print the certified LCA; gather the job offer letter; prepare evidence of professional qualifications; ensure passports are valid.
• Plan for backlogs.
  • Expect waves of LCA filings when the Department of Labor restarts and heavier consular calendars.
• Keep communication tight.
  • Employers should update applicants about LCA filing status; applicants should monitor consulate appointment systems and email alerts.
• Avoid last-minute travel gambles.
  • Do not attempt to “apply at the border.” Ports of entry cannot issue visas or grant initial E-3 status.
• Monitor official reopening notices.
  • Department of Labor LCA program information: ETA-9035/9035E Labor Condition Application.

Employers who have not filed the LCA should use the downtime to finalize job details that will go into the application (job title, location, wage level, core duties). Complete and accurate LCAs file faster and avoid corrections that push certification further out.

Applicants who already hold a valid E-3 visa but plan to change employers must remember the new job also needs a certified LCA. The visa foil in the passport does not transfer employment ties.

Common Questions Answered

• Can consulates interview now and accept the LCA later?
  • Consular officers can accept documents, run security checks, and hold files, but they cannot issue the E-3 visa without the certified LCA. Cases can sit in limbo for weeks.
• Can a pending LCA be expedited during a shutdown?
  • No. During a shutdown, the Department of Labor is not processing at all, so there is no path to expedition.
• Are there fee changes, temporary rules, or exemptions for E-3 during shutdowns?
  • As of October 2025, no. Standard fees and requirements remain; no LCA waivers or special carveouts have been announced.
• Can applicants switch consulates to find faster appointments?
  • Possible, but policies vary and not all posts accept third-country applicants. Most importantly, an appointment only helps if the LCA is certified.

Backlogs and Timing After Reopening

The timeline after a shutdown depends on three queues:

1. Department of Labor LCA queue — FLAG will be restored and LCAs processed in order.
2. Consulate appointment queue — appointments fill quickly as certified LCAs become available.
3. Post-interview clearance/printing queue — printing and security checks can lengthen when staffing is reduced.

Expect a downstream surge: as LCAs are certified, consulate calendars will absorb pent-up demand and printing/security steps may slow. Employers and applicants should build buffer time into start dates and onboarding plans.

Final Takeaways

• The LCA is the single critical document that determines whether an E-3 case can move during a shutdown.
• If your LCA is certified, proceed with interviews and travel planning (while allowing extra time for processing delays).
• If your LCA is not certified, use the shutdown to prepare the rest of the file and be ready to file immediately when the Department of Labor reopens.
• There are no known policy changes or exemptions in 2025 that remove the LCA requirement for E-3 cases.
• Keep these official resources handy:
  • DS-160: Form DS-160
  • ETA-9035/9035E LCA program: ETA-9035/9035E Labor Condition Application

In short: LCA certified = you can keep moving. If not, prepare everything else now and be first in line when the Department of Labor restarts.