Are USCIS Premium Processing Services Available During Shutdown?

(USA) The U.S. federal Government Shutdown that began on October 1, 2025 has not halted USCIS Premium Processing. Because U.S. Citizenship and Immigration Services is funded mostly by filing fees, the agency says its fee-based work continues even when other parts of the federal government pause. That includes accepting and adjudicating petitions and applications, and—unless USCIS issues a change—keeping Premium Processing open for eligible case types.

For employers trying to onboard workers and for families waiting on work permits, this continuity matters. It means filings can proceed, upgrades are allowed, and the service clock still applies.

Current USCIS stance and eligible forms

USCIS has not announced a suspension of Premium Processing as of October 1, 2025. The agency continues to take requests for eligible forms, including:

• Form I-129 (nonimmigrant workers) — `https://www.uscis.gov/i-129`
• Form I-140 (immigrant workers) — `https://www.uscis.gov/i-140`
• Form I-765 (employment authorization) — `https://www.uscis.gov/i-765`
• Form I-539 (change or extension of status) — `https://www.uscis.gov/i-539`

If a case has already been filed, most applicants can still request an upgrade by filing Form I-907 with the required fee, as long as USCIS has not issued a final decision. For the upgrade request: Form I-907 — `https://www.uscis.gov/i-907`.

VisaVerge.com analysis notes this mirrors past funding lapses, when USCIS kept moving cases forward while other agencies were dark.

How Premium Processing works during a shutdown

Under Premium Processing, USCIS guarantees an action — approval, denial, notice of intent to deny (NOID), or a request for evidence (RFE) — within the promised window. Typical windows are 15, 30, or 45 calendar days, depending on the form.

Key points:

• The Premium Processing fee is refunded if USCIS misses the promised window.
• The timeline starts when USCIS receives a properly filed Form I-907.
• If USCIS issues an RFE, the clock pauses and restarts when a complete response arrives.
• These firm timelines can help stabilize time-sensitive corporate moves and job start dates during a shutdown.

Limits outside USCIS — DOL and E-Verify impacts

While USCIS remains open, not every step in the employment-based pipeline is available.

DOL (Department of Labor) effects:
– The Office of Foreign Labor Certification is closed during the funding lapse.
– Consequences:
– New Labor Condition Applications (LCAs) for H-1B, E-3, and H-1B1 cannot be certified until the government reopens.
– New PERM labor certification filings and pending PERM cases are idle during the shutdown.
– If your petition depends on a new LCA or a certified PERM, expect front-end delays—even though USCIS Premium Processing remains available later.

E-Verify effects:
– E-Verify (run by DHS) goes offline during a shutdown.
– Employers cannot open or resolve E-Verify cases while the system is down.
– This does not pause the core hiring obligation:
– Companies must still complete Form I-9 for all new hires on the usual timelines, using the list of acceptable documents.
– When E-Verify returns, DHS typically issues catch-up instructions for cases that could not be opened during the outage.
– HR teams should:
– Keep clean I-9 records.
– Track hires that will need E-Verify cases once service returns.

Policy status as of October 1, 2025 (quick summary)

• USCIS operations continue: Fee-funded services, including Premium Processing, are active.
• Premium Processing remains available: Petitioners may request it at filing or upgrade a pending case by submitting Form I-907 and the fee, provided no final decision has been posted.
• Processing guarantees still apply: USCIS must act within the Premium Processing timeframe or refund the fee.
• DOL-dependent steps are paused: No new LCAs and no PERM processing during the shutdown.
• E-Verify is suspended: Employers should complete Form I-9 on time and hold E-Verify submissions until the system returns.

If your case type is eligible and no final decision has issued, you can request an upgrade now by filing Form I-907. The Premium Processing clock begins when USCIS accepts a properly filed I-907.

How to request Premium Processing (step-by-step)

1. Confirm eligibility
   • Common eligible forms: Form I-129, Form I-140, Form I-765, Form I-539.
2. Complete Form I-907
   • Include accurate receipt numbers and petitioner/beneficiary details.
3. Pay the Premium Processing fee
   • Ensure the correct fee amount.
4. File to the correct address
   • Double-check filing addresses for the specific form and category.
5. Track the receipt
   • The Premium Processing clock starts when USCIS accepts a properly filed Form I-907.

Warnings and tips:
– Misdirected filings or wrong fees can reset the clock. Double-check addresses and fee amounts.
– If you receive an RFE, respond fully and quickly to resume the timeline.

Practical effects for workers and employers (examples)

• Software firm example:
  • An Austin firm with an H-1B transfer pending can file Form I-907 to upgrade the Form I-129 even during the shutdown.
  • If USCIS receives the upgrade, the 15-day Premium Processing clock starts, helping the engineer plan a start date.
  • If a new LCA is required, the firm must wait until DOL reopens.
• Research hospital example:
  • A pending Form I-140 can be upgraded to Premium Processing for a faster decision.
  • If USCIS issues an RFE, the hospital responds and the clock resumes on receipt.
  • Pending Form I-765 filings for work authorization can also be premium processed in many categories.
• Students and dependents:
  • A spouse on H-4 with a pending Form I-539 may request Premium Processing if the form type is eligible and the case is pending.

Employer onboarding and compliance:
– Prepare for the E-Verify gap:
– Keep standard I-9 onboarding in place.
– Train staff to avoid document over-collection.
– Maintain a log of hires that will need E-Verify cases after service returns.
– This reduces backlogs and demonstrates good-faith compliance if audited later.

Administrative relief and documenting shutdown effects

USCIS has said in past shutdowns that it may, at its discretion, forgive late filings caused by the lapse for certain benefits. That relief is not automatic and is decided case by case.

If a deadline is at risk due to a DOL closure or other shutdown effect:
– Keep records that show the barrier (screenshots, notices, dates).
– Be ready to explain the impact in writing.
– File as soon as the affected system reopens.

Official resources (most relevant links)

• Premium Processing overview and eligibility by form: USCIS Premium Processing
• Request form for upgrades and premium filings: Form I-907

Common referenced forms (official pages):
– Form I-129
– Form I-140
– Form I-765
– Form I-539

Practical guidance and closing takeaways

As Congress works to end the Government Shutdown, applicants filing on or after October 1, 2025 should:

• Organize documents and have certified LCAs where possible.
• Prepare upgrade packets with Form I-907 ready to send.
• Employers: keep onboarding through I-9s, plan for post-outage E-Verify entries, and set realistic job start targets that reflect Premium Processing timelines and DOL delays.
• Families: decide whether an upgrade makes sense based on travel plans, job offers, and school schedules.

Watch for USCIS service alerts that may change Premium Processing availability, fee amounts, or address listings. Until then, the core message holds:

Premium Processing remains available, upgrades are allowed, and the service clock continues to run for eligible forms despite the broader federal closure.