Are Pending I-539 Status Changes Processed During a Federal Shutdown?

Pending Form I-539 applications for change or extension of nonimmigrant status remain in process during a federal government shutdown because USCIS is primarily funded by filing fees and keeps most of its operations running even when Congress hasn’t passed a budget. That means people who have already filed to extend B-1/B-2 stays, change status to F-1, or extend H-4, L-2, or other dependent categories can expect USCIS to keep working on their cases.

Some related government services do pause when appropriations lapse—most notably E-Verify and many functions at the Department of Labor (DOL)—but those pauses do not stop USCIS from accepting and adjudicating I-539 cases. In past shutdowns, USCIS has also allowed late filings when applicants can show the delay was caused by the shutdown, giving families and students a narrow safety net if deadlines became impossible to meet.

What this means for families, visitors, and students

• Your pending I-539 does not get put on hold just because the federal government shuts down.
• USCIS continues to:
  • Accept new I-539 filings
  • Process applications already in the queue
  • Issue decisions (approvals and denials)
  • Cash checks and process card payments
  • Issue receipt notices
  • Take biometrics when needed

Key takeaway: USCIS’s fee-funded work generally stays open during a shutdown; programs funded by annual appropriations may pause, but that usually does not affect I-539 adjudications.

Why USCIS keeps working during a shutdown

USCIS relies on the filing fees applicants pay, rather than yearly appropriations, to cover the cost of most routine services. Because of this fee-funded model:

• USCIS can keep processing I-539 forms while other parts of the federal government scale back.
• Programs that depend on congressional funding—like E-Verify—shut down temporarily, but that suspension does not directly affect how USCIS decides I-539 cases.

(Analysis by VisaVerge.com has noted this funding distinction as a key reason USCIS continues to operate.)

Knock-on effects applicants may experience

Even though USCIS continues fee-funded work, applicants can still feel secondary impacts when other agencies pause:

• If the DOL pauses operations, employers cannot secure labor condition applications or wage determinations during the shutdown.
• That pause doesn’t change the basic rule for I-539 processing, but it can complicate timing for families filing dependent extensions tied to an employer’s petition.
• USCIS (fee-funded) continues to process I-539 applications even if the employer is waiting on DOL steps.

Flexibility for late filings

USCIS has shown flexibility in past shutdowns by accepting late I-539 filings when applicants can document that the shutdown caused the delay.

• This is especially important for:
  • Visitors whose I-94 periods end just as a shutdown begins
  • Students and dependents who need documents previously available from paused government channels

If the shutdown blocks timely filing and you can document it, USCIS may excuse the late filing.

Important caution — file on time when possible

You should still file Form I-539 before your current status expires whenever possible. Filing on time:

• Protects your stay
• Demonstrates good-faith compliance with immigration rules

If you cannot file by the end date, keep detailed records of the shutdown-related obstacles (office closures, system downtime, mail delays) and include them with your late filing and a short cover letter explaining the basis for the delay.

Processing timelines and premium processing

• USCIS has not offered premium processing for stand-alone I-539 applications. Expect regular timelines that vary by category and case load.
• A shutdown itself does not inherently speed up or slow down I-539 adjudications at USCIS. The agency continues to work through its docket.
• Tasks outside USCIS control (like E-Verify or DOL adjudications) may be delayed and can affect personal planning, but they do not change how USCIS decides I-539 cases.

Concurrent filings with Form I-129

• When dependents file an I-539 together with an employer’s I-129 petition (e.g., for H-4 or L-2), USCIS has agreed to process certain dependent I-539 cases concurrently with the related I-129.
• This concurrent processing is an administrative practice that helps keep families’ outcomes aligned.
• It is separate from shutdown rules: the fee-funded status of USCIS applies whether or not the I-539 is tied to an I-129.

Practical filing checklist — what applicants should control

1. Use the latest version of the form and follow instructions:
   • Official form and instructions: Form I-539
2. Make sure the form is complete:
   • Signed
   • Correct fee included
   • Required supporting documents attached
3. If filing with a work petition:
   • Confirm the employer included the dependent package when appropriate
   • Ensure names and numbers match across forms (I-94, exact spellings)
4. Keep records of shutdown-related barriers:
   • Proof of office closures, system downtime, or mail delays
   • Include a short cover letter explaining the reason for any late filing
5. Track receipts and respond quickly:
   • Save your receipt number and check case status
   • Respond promptly to any Requests for Evidence (RFE)

Separating USCIS work from paused tools

• E-Verify is likely unavailable during a shutdown; that affects employers but does not change USCIS adjudication of I-539 cases.
• For E-Verify status and resumption steps, see: E-Verify
• For official USCIS guidance on I-539, use: Form I-539

What “pending” means during a shutdown

• A pending I-539 is one USCIS has accepted and placed in line for review.
• During a shutdown that status remains active. An officer can:
  • Review forms
  • Send RFEs
  • Schedule biometrics (if required)
  • Issue decisions
• Fee-funded components (receipt notices, biometrics scheduling, mailing decisions) generally remain operational.

Advice for students, visitors, employers, and school officials

• If you’re ready to file (e.g., change to F-1, extend B-2), file — don’t delay because of a shutdown.
• Employers and school officials should understand the split between USCIS and other agencies:
  • DOL pauses can affect future filings that rely on DOL actions, but not USCIS’s I-539 adjudication.
• When advising dependents to file, it’s fine to move ahead with the USCIS piece even if other steps await appropriations.

Best practices during a shutdown

• File early. Send your Form I-539 before your current status expires.
• Use the official form at Form I-539.
• Keep proof. If you file late because of the federal government shutdown, include evidence showing the shutdown caused the delay.
• Track receipts and respond quickly to USCIS mail and RFEs.
• Remember E-Verify may be paused, but that does not control your I-539 decision.
• If filing with a principal’s petition, confirm alignment with Form I-129 details.

After the shutdown ends

• DHS typically issues instructions for handling E-Verify cases created during outages.
• DOL casework restarts when appropriations resume.
• USCIS fee-funded work generally never stopped, so the I-539 queue continues to move.

Quick summary — the essential points

• USCIS continues to accept and adjudicate Form I-539 during a federal government shutdown because it is mainly funded by fees.
• E-Verify is suspended during a shutdown, but that pause does not control USCIS decisions on I-539.
• Department of Labor processing is paused, yet that does not stop USCIS from working on I-539 applications.
• USCIS may accept late I-539 filings with proof of shutdown-related delay, based on past practice.
• Premium processing is not available for stand-alone I-539 applications; processing times vary.
• When filed with an I-129, USCIS has agreed to process certain dependent I-539 cases together, a policy separate from shutdown operations.

Final practical advice

• Gather documents, check your dates, and complete the form carefully.
• If filing with a spouse or parent’s employment petition, align submissions and ensure consistency across forms.
• Keep records of any shutdown barriers and include a brief explanation if needed.
• Watch for USCIS mail, especially RFEs, and respond on time — your response window remains active during the shutdown.
• For official guidance:
  • Form I-539
  • E-Verify

In short: while parts of the federal system slow down or stop during a shutdown, the fee-funded engine that moves I-539 cases continues to run. Applicants can and should keep filing, monitor correspondence, and document any shutdown-related obstacles should a late filing become necessary.