Are USCIS RFEs Still Accepted During a Federal Shutdown?

The United States 🇺🇸 federal government may pause many services during a funding lapse, but USCIS says its core work continues. Because the agency runs on application fees, not yearly congressional budgets, USCIS continues to accept and process RFE responses during a federal government shutdown. Applicants and employers should still answer by the deadline on the notice to avoid case denial for abandonment.

Processing may slow due to reduced staffing, but the door remains open for filings and responses. According to analysis by VisaVerge.com, prior shutdowns have not halted USCIS adjudications, though cases sometimes moved more slowly. That pattern is expected to hold: most fee-funded operations — including reviewing evidence, issuing decisions, and responding to service requests — carry on.

The urgent message for applicants is simple: keep working your case, and treat every deadline as firm.

Policy status during a funding lapse

USCIS has not announced any blanket pause or automatic extension of RFE deadlines during a shutdown. The agency’s standard rule still applies: if you miss the date printed on your RFE, USCIS can deny the benefit request for abandonment. That’s why timely submission remains the safest choice.

While USCIS may show limited flexibility in narrow situations, relief is not guaranteed and usually requires strong proof of impact. Historically, the agency has accepted certain late filings (for example, some Form I-129 petitions) when the shutdown directly caused the delay, but those were case-specific exceptions.

Some parts of the immigration system that rely on appropriated funds do stop during a shutdown:

• The Department of Labor’s processing of Labor Condition Applications and PERM labor certifications halts, which can delay employer filings that depend on those steps.
• E-Verify usually goes offline; DHS provides status updates at E-Verify.

Still, these pauses do not prevent USCIS from receiving and reviewing RFE responses already in the pipeline.

Applicants should plan for uneven service. Local offices may operate with fewer staff and response times to service requests might stretch. Yet file intake and case adjudications continue. That includes RFE reviews for:

• Family-based petitions
• Employment categories
• Humanitarian cases
• Naturalization (where applicable)

Bottom line: the agency functions during a shutdown, though not always at full speed.

Practical steps for RFE responses

Applicants facing an RFE during a federal government shutdown can reduce risk by following these practical steps:

1. Submit your response by the exact deadline printed on the notice.
2. Use a trackable delivery method or the online upload option, if available, to have proof of on-time filing.
3. Include a clear, organized index of documents and label exhibits for easy review.
4. Keep copies of everything you send, including delivery receipts and screenshots.
5. If you expect a delay tied to the shutdown (for example, records from a closed federal office), add a brief cover letter explaining the problem and include any proof you can gather.

For employment-related RFEs:

• The RFE may request wage, role, or status evidence from the employer.
• If you must file or amend a petition for an H‑1B or similar classification, the correct form is Form I-129, Petition for a Nonimmigrant Worker. See official instructions and edition date at Form I-129.
• Past practice shows limited leeway when the shutdown itself blocks a timely filing, so do not assume any automatic grace period. File on time and document anything outside your control.

For family-based RFEs:

• Gather what is already available and submit before the deadline.
• If a needed federal document is unavailable due to a closure, explain that in writing and include proof of your request or the closure notice.
• USCIS officers can consider context, but they still apply the rules on timeliness.

For employers, attorneys, and HR teams:

• Set expectations about slower workflows that depend on outside agencies.
• Calendar every RFE date and assign backups for mail and uploads.
• Verify delivery; consider overnight shipping with delivery confirmation or same-day online upload (where supported).
• Track dependencies like Department of Labor certifications — if those are pending, new USCIS filings that rely on them will wait and may affect status maintenance and start dates.

Premium processing and service expectations

Some readers ask whether premium processing guarantees faster RFE handling during a shutdown. USCIS continues offering fee-funded services, including premium processing where applicable. However:

• Staff availability can vary, and premium timelines may face slower movement than normal.
• Premium processing aims to speed review, but it is not a cure-all during a government-wide slowdown.

What to do if an RFE request is impossible to meet because of closures

If your RFE asks for documentation that a closed federal office or archive cannot provide:

• Send everything you can and explain the gap in a cover letter.
• Include proof of the closure or service interruption (screenshots, emails, closure notices).
• If the delay prevented a timely filing, consult counsel about submitting a late response with supporting evidence of the shutdown’s impact.

Remember: no automatic relief applies — you must show how the shutdown blocked you.

Monitoring official updates and final reminders

Applicants can monitor official updates because government-wide guidance during a funding lapse can change as agencies issue advisories. If DHS or USCIS posts a new alert changing any policy, follow the latest instructions.

Until then, the rule stands:

• RFE responses are being accepted and processed, and
• Deadlines remain in force.

USCIS’s fee-funded model creates a buffer that keeps case work moving — a stability that matters for families, workers, and humanitarian applicants. The process may feel slower and more anxious, but it does not stop.

Key takeaways:
– Treat every RFE deadline as firm and submit on time.
– Use trackable delivery or online upload and keep full documentation.
– If a shutdown-related barrier arises, document and explain it promptly.

During a federal government shutdown, precision and documentation are your best protections: read your RFE carefully, answer every point, organize your evidence, and keep full records. These steps give officers what they need and help protect your case if questions arise later.