Is My H-1B/H-1B1/E-3 Pending After Shutdown? Updated Timelines

The Department of Labor restarted its case systems in late October after the 2025 government shutdown, reopening the Foreign Labor Application Gateway (FLAG) and resuming processing of Labor Condition Applications (LCAs) that underpin H‑1B, H‑1B1, and E‑3 filings. Employers can again submit new LCAs and track pending cases, but workers whose applications stalled during the pause are still feeling the effects.

As of early November, reports indicate that while the agency has moved to restore most operations, LCA processing in some areas remains slower than normal or partially suspended, leaving a slice of petitions stuck at the starting line despite the formal restart.

What the shutdown halted and why it matters

The shutdown halted several core Department of Labor workflows:
– LCAs
– Prevailing wage determinations
– PERM labor certifications

Those steps are essential for employment‑based visas that require DOL certification before a petition can move forward. For H‑1B, H‑1B1, and E‑3 hopefuls, LCAs function as the gateway document, and when the government paused these certifications, many petitions that were ready to file were forced to wait.

Even now, if an LCA wasn’t certified before the shutdown, the related petition can’t proceed until the Department clears the LCA.

Current pinch points and uneven recovery

Employers say the most visible pinch point remains the LCA queue. While the resumed FLAG system has allowed filings to restart, backlogs built during the suspension mean applicants who thought they were days from filing may still face weeks of uncertainty.

According to analysis by VisaVerge.com, recovery since late October has been uneven:
– Some LCAs are moving through more quickly.
– Other LCAs appear held up as offices work through piled‑up cases and staffing resets.

That unevenness has practical consequences for start dates, work continuity, and project planning.

How USCIS timing fits in

The order of steps matters. Without an approved LCA, employers can’t file the main petition. For those who already cleared the lottery or secured a job offer conditioned on timely filing, each day matters.

USCIS processing timeframes (once a complete petition is filed):
– Regular service: 3 to 6 months
– Premium processing: 15 calendar days

Those USCIS clocks don’t erase time lost at the Department of Labor. The overall journey—from company planning to LCA certification, petition filing, and final adjudication—usually runs 6 to 9 months or longer in normal conditions. The shutdown pushed many applications off their original schedules.

H‑1B1 and E‑3: same bottleneck

H‑1B1 and E‑3 pathways are affected similarly because both require LCAs:
– E‑3 status is typically granted for up to two years.
– H‑1B1 status is generally issued in one‑year terms and may be renewed indefinitely.

During the shutdown, employers could not secure or renew LCAs, causing start dates to slip and some international travel plans to be put on hold. Resumed operations help, but the backlog means not everyone will see an immediate return to pre‑shutdown timelines.

Who is most impacted

• People whose LCAs were certified before the shutdown: cases generally move forward under standard USCIS schedules (regular 3–6 months or 15 days with premium).
• People whose LCAs were pending at the time of the shutdown: their petitions remain on hold until the Department issues the certification.
• Applicants who filed LCAs shortly before the shutdown, or tried to submit during the pause but couldn’t, are the most uncertain group.

Employers with multiple hires are triaging which cases move first as certifications arrive. The aim is to pare down the backlog without creating new bottlenecks elsewhere.

Practical guidance and next steps

1. Monitor FLAG
   • The Department is directing employers to the FLAG system for day‑to‑day case checks.
   • The platform’s relaunch in late October marked the formal end of the suspension and allowed fresh submissions.
   • Official FLAG page: Foreign Labor Application Gateway (FLAG)
2. Track two key factors for expectations
   • Whether your LCA was certified before the pause.
   • The current pace in your assigned Department office.
3. Consider premium processing carefully
   • Premium shortens USCIS adjudication to 15 calendar days, but it does not speed up DOL actions or LCA certification.
   • Use premium only once the full petition (including a certified LCA) is ready to file.
   • USCIS premium processing info: premium processing
4. Stay in contact with counsel and your employer
   • Watch agency updates and confirm with your company or legal team when the LCA moves.
   • Employers may adjust start dates or onboarding plans while the queue clears.

Key takeaways and warnings

LCAs must be certified before filing; if your LCA was certified before the shutdown, your petition likely follows normal USCIS timelines. If it was not certified, your case remains on hold until the Department completes the LCA.

• USCIS regular processing: 3–6 months
• USCIS premium processing: 15 calendar days (after filing)
• Overall typical journey pre‑shutdown: 6–9 months or longer

The Department says it is working through accumulated cases “as quickly as possible,” and USCIS is ready to act once petitions arrive. However, the ripple effects of a shutdown don’t end the day systems come back online. Applicants should prepare for a period where some categories and offices move faster than others.

Keep monitoring FLAG, maintain communication with counsel and employers, and plan conservatively for possible delays while the Department works through the backlog.