Key Documents to Prove H-1B Extension Delays from the 2025 Shutdown

U.S. employment-based visa holders caught in the 2025 government shutdown are being told they may still protect their status if they can show the stoppage directly blocked a timely H-1B extension filing. Immigration practitioners say U.S. Citizenship and Immigration Services has framed the shutdown as an extraordinary circumstance beyond a worker’s control when supported by solid proof, a standard that can allow late filings to move forward and, in some cases, be approved retroactively. The immediate question for many is not whether the shutdown happened, but how to document that it was the specific reason their paperwork could not be filed on time.

What the guidance focuses on

The guidance centers on assembling a complete record that ties missed deadlines to government inaction. Applicants are being urged to submit official notices that confirm the shutdown’s dates and effects, including agency announcements that acknowledge delayed processing or closed systems.

People pursuing an H-1B extension are also gathering documentation linked to the Department of Labor (DOL), which must certify a Labor Condition Application (LCA) before any H-1B petition can be sent to USCIS. When systems like the DOL’s FLAG or the older iCERT portal are down, there is no way to obtain a certified LCA—and therefore no way to file a proper H-1B extension petition.

Types of evidence to collect

Applicants, workers, and employers are compiling the following pieces of evidence to create a direct connection between the shutdown and the missed filing deadline:

• Official federal notices and agency announcements confirming shutdown dates and service interruptions.
• DOL or USCIS alerts that explicitly reference suspended processing or system outages.
• Screenshots and error messages from FLAG, iCERT, or other relevant platforms showing service failures.
• Time-stamped records of attempts to submit or certify LCAs during the shutdown window.
• Copies of prior H-1B approval notices, I-94 records, and employer communications showing when the extension process began.
• Internal employer records: project timelines, emails, and dashboards indicating efforts made before and during the shutdown.

Important: primary evidence from government sources and the DOL’s communications carries more weight than news stories, though reputable media can help support the narrative.

Timeline and sequencing requirements

USCIS expects a clear sequence of events that demonstrates the applicant did everything possible when they could. A convincing timeline should include:

1. H-1B status expiration date
2. Date the employer started the extension process
3. Steps taken before the shutdown to secure an LCA
4. Dates of failed attempts (with screenshots/error messages) during the shutdown
5. Date the government reopened and DOL resumed processing
6. Date the LCA was certified
7. Date the employer filed Form I-129 for the H-1B extension

This timeline should match the record of outages and subsequent approvals. The goal is to show that but for the shutdown, the filing would have been on time. Phrases like “immediately after” are less persuasive than precise dated records that show prompt action.

Legal framework USCIS uses

USCIS has historically allowed for forgiveness of certain filing delays when applicants can show circumstances beyond their control and prompt action once the barrier is removed. The agency’s “Special Situations” page explains how events such as natural disasters or emergencies can affect filings, and immigration attorneys say that logic is being applied to the 2025 shutdown.

The government link most practitioners use for this eligibility framework is the USCIS “Special Situations” guidance: USCIS “Special Situations” guidance

What “nunc pro tunc” approval means

If USCIS agrees the shutdown caused the delay and that the worker and employer acted quickly, the agency can approve the case nunc pro tunc (Latin: now for then). In practice, this means:

• USCIS can backdate the approved H-1B extension to cover the period the worker would have been in status if the filing had been timely.
• That protects the worker’s H-1B status and can prevent gaps affecting payroll, benefits, and travel.
• It can also mitigate risks for employers related to noncompliance or back pay.

Best practices for assembling the documentation package

Attorneys advising employers recommend making the documentation package as complete and organized as possible. Recommended steps include:

• Pair federal notices with the company’s internal records.
• Attach project timelines, internal emails, and confirmation dashboards from FLAG when available.
• Include dated system errors alongside official shutdown declarations and the DOL’s public resumption notice.
• Preserve prior H-1B approvals, I-94s, and employer reminders to show intent and diligence.
• For premium processing users, include receipts and processing updates to demonstrate speed of action after LCA certification.

According to analysis by VisaVerge.com, cases are stronger when they include both dated system errors and official government communications indicating reopening.

Special considerations for dependents and audits

• H-4 dependents whose status is tied to the principal worker should gather the same evidence, since a gap for the principal can affect dependent status and spouse employment eligibility.
• A well-documented 2025 filing can reduce future questions about maintenance of status if the worker later changes employers or files future extensions.
• Employers should consider creating dedicated “shutdown folders” that contain every notice, screenshot, timestamp, and payroll record related to the outage for potential audits or site visits.

How to present the case in the petition

USCIS has not required special forms for these showings, but filings should reference the shutdown and attach supporting proof within the petition packet. Common practice:

• File the H-1B extension using Form I-129: https://www.uscis.gov/i-129
• Include a detailed cover letter that:
  • Lists the relevant dates
  • Cites the shutdown as the cause of delay
  • Describes the attached exhibits and evidence

While acceptance is not guaranteed, the record many are building aligns with the agency’s published approach: if an event outside your control made a timely filing impossible, and you acted promptly once it was possible, a late filing may still be accepted and approved as if it were on time.

Key takeaway

The core message for those affected by the 2025 government shutdown is strict but straightforward:

• Prove that the shutdown blocked your path, using official declarations, system screenshots, error messages, and DOL/USCIS communications.
• Prove you acted promptly once systems and agencies resumed operations, with precise dates for LCA certification and Form I-129 filing.

A careful, well-dated file can mean the difference between a smooth retroactive approval and a costly gap in status—for workers, dependents, and employers alike.