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Citizenship

Are U Visa EADs Processed and Issued During Government Shutdowns?

USCIS continues processing U Visa EADs during shutdowns because it’s fee-funded, though prolonged closures may slow timelines. E-Verify may be offline; employers must still complete Form I-9 and follow alternate procedures.

Last updated: October 1, 2025 8:51 pm
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Key takeaways
USCIS, funded by application fees, continues processing U Visa EADs during a federal government shutdown.
E-Verify often goes offline during shutdowns, but employers must still complete Form I-9 for new hires.
DOL suspensions can delay some visa steps, but U Visa EAD adjudication remains independent of DOL actions.

First, list of linkable resources in order of appearance (only first mentions to be linked):
1. EAD processing (no direct gov resource) — skip
2. USCIS (agency; not in detected list to link) — skip
3. U Visa EADs — detected (uscis_resource)
4. E-Verify — detected (uscis_resource)
5. E-Verify’s pause / E-Verify program updates and outage information — detected (policy)
6. Form I-9, Employment Eligibility Verification — detected (form)
7. Form I-9 (additional mentions) — already counted; link only first mention
8. EADs — detected (uscis_resource) — treated as same USCIS EAD resource; link first mention of “EAD” if separate from “U Visa EADs” (but keep unique)

Now the article with only the allowed .gov links added — each resource linked only at its first mention, using the exact resource names as they appear:

Are U Visa EADs Processed and Issued During Government Shutdowns?
Are U Visa EADs Processed and Issued During Government Shutdowns?

U Visa applicants with pending work authorization requests can expect EAD processing to continue during a federal government shutdown, because U.S. Citizenship and Immigration Services (USCIS) is funded by application fees rather than annual appropriations. The agency remains open, receives filings, and issues Employment Authorization Documents, including those tied to the U Visa EADs program for crime victims who assist law enforcement.

While some applicants may experience slower timelines if a shutdown drags on, USCIS continues core casework and keeps moving cases through as decisions are reached. Applicants should still respond to notices by the listed deadlines and keep addresses current so they don’t miss mail.

Why USCIS operations continue during a shutdown

The key reason is structural: USCIS operates primarily on filing fees submitted with benefit requests, not on annual congressional appropriations. That funding model allows the agency to sustain many operations during a lapse in appropriations. As a result, U Visa EADs are processed and issued normally during a shutdown, although indirect strain—such as staffing adjustments—can slow work if a shutdown lasts a long time.

According to analysis by VisaVerge.com, fee-funded operations at USCIS insulate U Visa applicants from the direct effects seen at agencies that rely on congressional funding. That means USCIS during shutdown periods keeps adjudicating benefits that applicants have already paid for, including work permits.

📝 Note
Actionable: Keep USCIS receipt numbers and copies of EAD/I-9 docs in a dedicated folder; update address with USCIS promptly to avoid missing notices during a shutdown.

What does not continue (and why it matters)

  • The federal E-Verify system, which many employers use to confirm new hires’ work eligibility, typically goes offline during funding lapses. E-Verify’s pause does not block USCIS from producing EADs, but it can complicate employer verification workflows.
  • The Department of Labor (DOL), which handles labor certifications for certain employment-based categories, typically suspends most casework during shutdowns. That stoppage can stall some visa processes that depend on DOL action, but it does not affect U Visa work authorization because USCIS adjudicates those EADs independently. U Visa applicants do not need labor certifications for their EADs.

Employer responsibilities during an E-Verify outage

Employers still must complete Form I-9, Employment Eligibility Verification, for every hire, even when E-Verify is down. USCIS directs employers to follow standard I-9 rules and use alternate procedures that are allowed during E-Verify outages.

  • Official I-9 form and instructions: Form I-9
  • E-Verify program updates and outage information: E-Verify program updates and outage information.

Important points for employers:
– Continue onboarding new hires using Form I-9.
– Do not delay start dates solely because E-Verify is down.
– Follow official guidance for handling tentative nonconfirmations and deadlines once E-Verify resumes.
– Keep records of hiring dates, I-9 completion, and any actions taken due to the outage.

⚠️ Important
E-Verify may go offline during funding gaps. Do not rely on E-Verify being available to verify work authorization; proceed with I-9 processes and document any outages for audits.

Impact on applicants and practical steps

For U Visa applicants, the practical effects are straightforward:

  • USCIS remains open for fee-funded benefits, including U Visa EADs.
  • Applications are accepted and adjudicated, even while other agencies pause.
  • Some delays may occur if a shutdown is prolonged, but processing continues.
  • E-Verify may be offline, yet employees with valid documents can still be hired.
  • Form I-9 is still required for every new hire, with alternative steps allowed during E-Verify downtime.

Recommended actions for applicants:
1. Keep your USCIS receipt numbers handy for any follow-up.
2. Store a copy of your I-9 documents and your EAD in a safe, accessible place.
3. Monitor your mailbox for USCIS notices; respond by the deadlines listed on each letter.
4. If you move, update your address with USCIS so your card and notices reach you.
5. If you face a job start date while E-Verify is down, present your valid documents listed on the I-9 acceptable documents list; employers must follow the I-9 process and then finish E-Verify steps once the system reopens.
6. If your employer has questions about hiring while E-Verify is down, share the official program link: E-Verify.

Important: The lack of E-Verify access does not change the worker’s legal ability to start a job with a valid EAD, nor does it stop USCIS from issuing U Visa EADs.

Special considerations for U Visa families and communities

U Visa families often live on tight budgets, and a pause in income can quickly create hardship. The assurance that EAD processing continues lets many people keep steady work and avoid gaps in pay. For survivors working to rebuild safety and stability, that consistency matters far beyond paperwork — it supports counseling schedules, children’s schooling, and medical care that depends on employer coverage.

USCIS encourages applicants to follow normal filing routines during shutdowns: mail applications, respond to requests for evidence, and attend biometrics if scheduled. If a scheduled appointment falls on a date when an office is unexpectedly closed, USCIS typically provides new dates; keep an eye on your case status and mailbox.

Quick checklist for employers and applicants

  • Employers:
    • Continue onboarding with Form I-9.
    • Do not condition offers on E-Verify availability.
    • Document hiring dates, I-9 completion, and outage-related steps.
    • Follow official guidance for post-outage tentative nonconfirmations.
  • Applicants:
    • Keep receipt numbers and copies of your EAD and I-9 documents.
    • Respond to notices by the listed dates.
    • Update your address with USCIS if you move.
    • Share official resources with employers: Form I-9 and E-Verify.

Bottom line

While shutdown politics often grab headlines, the core takeaway is practical: USCIS during shutdown periods continues U Visa EAD processing and issuance, which helps applicants stay employed and employers fill needed roles. E-Verify’s pause can be managed with standard I-9 compliance, and DOL’s halt does not interfere with U Visa work permits. For most applicants, staying organized and following posted instructions will carry them through.

Frequently Asked Questions

Q1
Will USCIS process my U Visa EAD application during a federal government shutdown?
Yes. USCIS is largely fee-funded and typically continues to accept and adjudicate U Visa EAD applications during a shutdown, though extended closures can slow timelines. Maintain receipt numbers and respond to any USCIS requests by their deadlines.

Q2
If E-Verify is down, can an employer hire someone with a valid U Visa EAD?
Yes. Employers must still complete Form I-9 for every hire. A valid EAD authorizes work; employers should follow alternate verification procedures and finish E-Verify steps once the system resumes.

Q3
Does a Department of Labor shutdown affect U Visa EAD issuance?
Generally no. DOL suspensions may delay some employment-based processes, but U Visa EAD adjudication is handled by USCIS and usually continues independently of DOL actions.

Q4
What practical steps should applicants take during a shutdown to protect their EAD application?
Keep USCIS receipt numbers accessible, update your address, respond promptly to notices, store copies of your EAD and I-9 documents, and share official guidance with prospective employers to avoid hiring delays.

VisaVerge.com
Learn Today
USCIS → U.S. Citizenship and Immigration Services, the federal agency that adjudicates immigration benefits like EADs and visas.
EAD → Employment Authorization Document, a card proving an individual is authorized to work in the U.S.
U Visa → A nonimmigrant status for victims of qualifying crimes who assist law enforcement, often eligible for work authorization.
E-Verify → An online system employers use to confirm new hires’ employment eligibility; can be paused during shutdowns.
Form I-9 → Employment Eligibility Verification form employers must complete for every new hire to document identity and work authorization.
Fee-funded → A funding model where an agency operates using collected application fees rather than annual congressional appropriations.
DOL → U.S. Department of Labor, which handles labor certifications and may suspend some processing during a shutdown.

This Article in a Nutshell

Because USCIS is funded largely by application fees, U Visa EAD processing and issuance generally continue during federal government shutdowns. Applicants should expect filings to be received, adjudicated, and notices mailed, although extended shutdowns can slow timelines due to staffing or logistical strain. E-Verify often pauses during funding lapses, so employers must complete Form I-9 and follow alternate verification procedures until E-Verify resumes. The Department of Labor may suspend unrelated casework, but that usually does not affect U Visa work authorization. Practical steps include keeping receipt numbers, updating addresses, responding to USCIS deadlines, and sharing official guidance with employers.

— VisaVerge.com
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