USCIS said it will keep USCIS Premium Processing open during the federal government shutdown, allowing employers to continue paying for faster decisions on certain petitions, including H-1B and L-1 cases. Because the agency runs mostly on filing fees rather than annual funding from Congress, its core adjudications continue.
But with other parts of the federal system paused, employers and workers should expect uneven results: some files can move quickly, while others will sit until sister agencies come back online.
Key pinch point: Department of Labor systems
The sharpest pinch point is the Department of Labor’s systems that feed into new H-1B filings. Employers who need a certified Labor Condition Application (LCA) to file cap-exempt or change-of-employer H-1B petitions can’t get one now because the Foreign Labor Application Gateway is offline during the shutdown.
That means brand-new H-1B filings that still require an LCA are frozen, even if a company is ready to file with Premium Processing. By contrast, employers that already secured certified LCAs before the shutdown can continue filing H-1B petitions and may request expedited review.
L-1 petitions: fewer dependencies, more predictability
L-1 petitions are in a different posture. These intracompany transfer cases do not rely on Department of Labor certifications, so L-1 filings can still be mailed or e-filed and adjudicated by USCIS. The premium clock remains available there as well, subject to the usual rules.
According to analysis by VisaVerge.com, companies moving managers or specialists under the L-1 category may see more predictable timelines than H-1B employers during the shutdown, though outcomes still depend on the specific facts in each case.
Resource shifts and processing variability
USCIS leadership has hinted that processing speed could vary as the agency shifts staff to higher-priority work. In a public statement, Director Joe Edlow said the agency is moving resources to focus on “reviewing cases with national security concerns, vetting immigration backlogs to ID threats, & referring all threats to ICE,” warning this shift “may impact processing times,” and that “public facing interactions such as interviews, naturalization ceremonies, and contact center responses may also be delayed.”
Those choices reflect the reality of tight staffing in a shutdown and signal that even paid upgrades may not guarantee the usual response windows when cases require extra screening.
Important: Paid Premium Processing may not guarantee the usual response windows if a case triggers additional vetting or interagency checks.
Downstream checks and interagency clearances
Downstream checks matter, especially for some H-1B cases. Even if a petition qualifies for USCIS Premium Processing and the agency accepts the fee, security reviews and interagency clearances can delay a final decision.
This is more likely when a case triggers additional background vetting or when another department must confirm part of the record. Those steps can slow movement despite USCIS’s intent to keep premium service running.
For L-1 employees transferring to U.S. branches, this risk is generally lower, but it does not disappear entirely if a file raises flags that require coordination across agencies.
Anticipated backlog and staggered recovery
The longer the shutdown lasts, the more pressure will build on the Department of Labor once it reopens. Employers trying to file fresh H-1B petitions will join a large queue for LCA certifications that could take time to clear.
That, in turn, will delay new filings at USCIS and push back start dates even after premium clocks restart at full speed. Employers should plan for a staggered return to normal:
- Labor certifications (LCA processing)
- Petition filings at USCIS
- USCIS adjudications
The cascading nature of these steps means even a quick end to the shutdown can leave H-1B timelines tight for weeks.
Grace and documentation for missed deadlines
USCIS has signaled some grace for workers caught in the middle. The agency said it will consider the shutdown an “extraordinary circumstance” outside the petitioner’s control when reviewing whether to excuse late H-1B extensions or changes of status.
This does not mean every late case will be approved, but it gives employers and attorneys a path to explain delays. Petitioners should gather proof showing that the primary reason for missing a deadline was the shutdown, such as:
- system outage notices
- correspondence about stalled LCA requests
- dated screenshots or emails showing delays
Filing mechanics that remain available
For filings that can proceed now, the mechanics remain familiar. Employers may still file the base petition on Form I-129 for both H-1B and L-1 categories, and add Form I-907 to request premium service.
Useful official resources:
– USCIS Premium Processing page: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
– Form I-907: https://www.uscis.gov/i-907
– Form I-129: https://www.uscis.gov/i-129
While the agency aims to meet posted premium timeframes, the current resource shift means some decisions may take longer if a case requires extra review.
Employer strategies and practices during the shutdown
Employers with previously certified LCAs are trying to thread a narrow window. Practices include:
- Filing H-1B extensions and amendments now to avoid later congestion.
- Holding drafts until project start dates are confirmed to avoid wasted filings.
- Using short internal transfers or adjusted workloads as stopgap options.
Immigration counsel describe a patchwork of strategies based on risk tolerance and the availability of bridging measures.
Practical effects for transferees and families
For L-1 cases, company mobility managers report steadier progress but still face logistical challenges. A delayed interview or slower call center response can complicate housing, school enrollment, and client handoffs.
One operations director said the team is “trying to avoid tight travel timelines” in case a case status update arrives later than planned. That conservative approach reduces stress for transferees while the system runs on limited capacity.
The human stakes are clear:
- An H-1B engineer waiting on an LCA for a change of employer cannot safely start a new job.
- Late extensions can disrupt health insurance and payroll.
- Families with school-age children face decisions about moving versus staying until receipts arrive.
These are real consequences affecting paychecks, classroom seats, and project deadlines.
Calls for clearer communication
Advocates are urging clear communication from agencies as the shutdown continues. Employers want to know:
- When the Department of Labor will reopen its systems
- How the backlog will be handled
Attorneys request plain-language notices and predictable processing order to help companies plan staffing and reduce churn.
USCIS is trying to keep core adjudications moving while prioritizing national security tasks—a balance that may stretch the agency’s premium promise but keeps the pipeline open.
Practical advice for employers and workers
Seasoned practitioners’ guidance is straightforward:
- File what you can.
- Document what you cannot.
- Build extra time into every plan.
Premium Processing remains a useful tool, especially for L-1 transferees and H-1B extensions with certified LCAs in hand. But it is not a magic shield against agency outages beyond USCIS’s control.
Recommended actions:
– Follow agency alerts closely.
– Keep careful records of outages, correspondence, and LCA delays.
– Be ready to move quickly when systems come back online.
Key takeaway: Premium Processing can help, particularly for L-1 filings and H-1B cases with already-certified LCAs, but expect uneven timelines and prepare for post-shutdown backlogs and additional screening delays.
Frequently Asked Questions
This Article in a Nutshell
USCIS will keep Premium Processing open during the federal shutdown, enabling faster decisions for some H-1B and L-1 petitions. New H-1B filings that require Department of Labor LCAs are blocked because the FLAG system is offline, creating a choke point. L-1 petitions remain actionable and may see steadier timelines since they don’t need DOL certification. USCIS is shifting staff toward security and backlog vetting, so premium fees may not guarantee standard response windows when extra screening or interagency checks are required.
