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No Formal I-485 Grace Period Extension Amid 2025 Shutdown, USCIS Says

USCIS did not extend I-485 filing deadlines for the 2025 shutdown; it will use existing discretion on a case-by-case basis. Approved I-140s with available visa numbers may allow I-485 processing to continue. Applicants must document shutdown impacts and consult counsel.

Last updated: November 12, 2025 9:44 pm
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Key takeaways
USCIS did not issue a formal extension of I-485 grace periods tied to the 2025 federal shutdown.
USCIS may excuse late nonimmigrant filings (H-1B, H-2A, H-2B, CW-1) as extraordinary circumstances case-by-case.
I-485 tied to an approved I-140 can proceed if visa numbers remain available despite shutdown-related delays.

USCIS said it has not issued a formal extension of grace periods for people with pending or planned I-485 filings affected by the 2025 federal shutdown, leaving adjustment applicants to rely on existing discretion rules instead of a blanket deadline reprieve. The agency’s position, restated in recent guidance reviewed in November 2025, signals that applicants stuck by office closures or related delays won’t see automatic deadline relief for adjustment of status, even as certain nonimmigrant categories may receive flexibility. The clarification affects families, employment-based applicants, and employers across the United States 🇺🇸 who hoped for a uniform answer after weeks of disruption.

How USCIS is treating shutdown-related delays

No Formal I-485 Grace Period Extension Amid 2025 Shutdown, USCIS Says
No Formal I-485 Grace Period Extension Amid 2025 Shutdown, USCIS Says

USCIS has confirmed it will treat the shutdown as an “extraordinary circumstance” in some late filings for nonimmigrant extensions or changes of status, especially for H-1B, H-2A, H-2B, and CW-1 cases. That approach allows officers to excuse late filings on a case-by-case basis when the shutdown clearly blocked timely action.

However, for adjustment of status the situation is more limited:

  • There is no explicit USCIS policy extending grace periods or filing deadlines for I-485 applications due to the shutdown.
  • If someone missed a response date or a planned filing window tied to adjustment, they cannot point to a new across-the-board extension.
  • Applicants must document how the shutdown prevented timely filing and request that USCIS use its existing discretion.
⚠️ Important
There is no automatic grace period for I-485 delays due to the shutdown. Do not rely on a blanket deadline extension; prepare to substantiate extraordinary circumstances case-by-case.

Processing where an underlying immigrant petition is approved

USCIS has indicated that when an underlying immigrant petition is already approved, the related I-485 may still proceed so long as visa numbers remain available. This is most relevant for employment-based paths supported by an approved Form I-140.

  • Officers may continue processing tied Form I-485, Application to Register Permanent Residence or Adjust Status applications despite shutdown-related delays elsewhere.
  • USCIS has not extended statutory or regulatory windows for adjustment across the board.

The result is a patchwork: clearer flexibility for some late nonimmigrant filings, but no formal grace period for adjustment itself.

Impact on processing times and backlogs

USCIS reports median I-485 processing times of about seven to nine months, and backlogs have grown due to:

  • Resource shifts during the shutdown
  • Enhanced vetting
  • Ripple effects from partner agencies (including the Department of Labor)

These factors mean practical waits for an I-485 decision can stretch even longer, increasing stress for families with travel limits or expiring work authorization tied to adjustment. Even after funding returns, accumulated delays can push interviews, background checks, or card production further out, with real daily effects on work, schooling, and family care.

Related prior rule change (form edition grace period)

Early in 2025 USCIS allowed a short grace period for updated I-485 form editions, but that window:

  • Was not tied to the shutdown
  • Ended by April 2025

Some applicants who relied on that form-edition grace have assumed a similar policy might appear for shutdown delays; USCIS has not done so. Instead, the agency continues to apply discretion tools sparingly, focusing most strongly on nonimmigrant extensions that affect status, rather than on broad adjustment filing or response deadlines.

Why USCIS took this stance

Policy watchers say the stance reflects a balance USCIS often seeks during disruptions:

  • Maintain core filing rules to preserve program integrity
  • Offer targeted relief where Congress or regulations already allow flexibility

That is why H-1B and seasonal worker categories appear first in the relief lineup—late filings in those programs can carry harsh status consequences, and officers have clearer regulatory bases to excuse delays. Adjustment of status is tied to visa-number control, underlying petition approvals, and statutory timing rules that USCIS is less willing to relax without a formal directive (such as a Federal Register notice).

As of November 2025, there is no Federal Register notice or official USCIS announcement establishing a new grace period for I-485 filings because of the shutdown. USCIS encourages the public to watch its USCIS Newsroom for any updates.

What applicants and employers should do now

Analysts (including VisaVerge.com) note the absence of a categorical policy places the burden on applicants and employers to assemble clear records showing how the shutdown blocked timely actions. Useful supporting items include:

  • Dated notices of closures or interruption
  • Courier tracking records
  • Government closure messages
  • Internal memos showing inability to access systems

These records can support:
– Requests for discretion in late nonimmigrant filings, and
– In limited scenarios, explanations for adjustment delays tied to approved immigrant petitions.

Legal teams now advise focusing on practical steps:

  1. If a valid I-140 is already approved and visa numbers are current:
    • Promptly file the I-485 with complete supporting evidence.
    • Include a concise timeline of shutdown effects.
  2. If deadlines were missed:
    • Document why delivery or preparation was impossible during closures.
    • Ask officers to consider the shutdown an extraordinary circumstance.
  3. For expiring underlying status:
    • Employers may file bridge requests or protective extensions to reduce risk while adjustment proceeds.

None of these steps replaces a formal grace period, but they can help keep cases moving in a system that favors clear, timely documentation.

Human and employer impacts

For families, delays show up in everyday hardships:

  • Deferred travel to care for sick relatives abroad
  • Paused job offers that require work authorization
  • Held-up driver’s license renewals tied to pending status

Even when USCIS continues processing tied to an approved I-140, uncertainty over timelines and interview scheduling adds stress. A lost week during the shutdown can become a missed month when combined with mail delays, background checks, or packed interview calendars.

Employers face coordination challenges:

  • Many relied on synchronized plans (approve I-140 → file I-485 when the Visa Bulletin opens → coordinate start dates).
  • The shutdown disrupted those plans, forcing HR teams to scramble for lawful payroll options.
  • The lack of a uniform grace period increases legal-planning costs and makes workforce timelines less predictable.

Bottom line and recommended actions

  • USCIS has not extended grace periods specifically for shutdown-delayed I-485 filings.
  • The agency acknowledges extraordinary circumstances for certain late nonimmigrant extensions.
  • USCIS may continue processing adjustment cases linked to an approved I-140 when visa numbers are available.
  • Applicants should not expect a blanket deadline waiver on adjustment.

Recommended actions:

  • Preserve proof of shutdown impacts (documentary evidence listed above).
  • Track USCIS announcements at USCIS Newsroom.
  • Seek tailored legal advice to craft the strongest possible record and mitigation strategy.

Frequently Asked Questions

Q1
Did USCIS issue a formal grace period for I-485 filings affected by the 2025 shutdown?
No. USCIS has not issued a formal, across-the-board grace period for I-485 filings tied to the 2025 federal shutdown. Applicants must rely on existing discretion rules and document how the shutdown prevented timely filing.

Q2
Can I-485 applications still be processed if my I-140 was approved before the shutdown?
Yes. When an underlying I-140 is approved and visa numbers are available, USCIS may continue processing the related I-485 despite shutdown delays. Applicants should file promptly and include evidence showing any shutdown impact.

Q3
Which visa categories has USCIS said it may excuse late filings for because of the shutdown?
USCIS indicated it may treat late filings as extraordinary circumstances for some nonimmigrant categories, notably H-1B, H-2A, H-2B, and CW-1, on a case-by-case basis where the shutdown clearly blocked timely action.

Q4
What evidence should applicants collect to support a late filing or request for discretion?
Collect documented proof such as dated closure notices, courier tracking records, government closure messages, internal memos showing system inaccessibility, and a concise timeline linking the shutdown to missed deadlines. This helps officers evaluate discretion requests.

VisaVerge.com
Learn Today
I-485 → Application to Register Permanent Residence or Adjust Status; used to request lawful permanent resident status in the U.S.
I-140 → Immigrant petition for alien worker; an approved I-140 establishes an underlying employment-based immigrant petition.
Extraordinary circumstance → A situation beyond an applicant’s control (such as a government shutdown) that may justify excusing late filings.
Visa Bulletin/visa numbers → Monthly Department of State chart showing priority dates and available immigrant visa numbers for adjustment eligibility.

This Article in a Nutshell

USCIS clarified it has not established a formal grace period for I-485 filings delayed by the 2025 federal shutdown. The agency will treat some nonimmigrant late filings (H-1B, H-2A, H-2B, CW-1) as extraordinary circumstances on a case-by-case basis, but adjustment of status deadlines remain unchanged. When an I-140 is approved and visa numbers are available, related I-485s may still be processed. Applicants should document shutdown impacts, preserve evidence, and seek legal advice to request discretion.

— VisaVerge.com
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Shashank Singh
ByShashank Singh
Breaking News Reporter
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As a Breaking News Reporter at VisaVerge.com, Shashank Singh is dedicated to delivering timely and accurate news on the latest developments in immigration and travel. His quick response to emerging stories and ability to present complex information in an understandable format makes him a valuable asset. Shashank's reporting keeps VisaVerge's readers at the forefront of the most current and impactful news in the field.
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