Can B-1/B-2 Extensions Be Filed (I-539) During a Shutdown?

(UNITED STATES) With a potential government shutdown looming, many short-term visitors are asking whether they can still file to extend their stay. The answer is yes: B-1/B-2 visitors may continue to file Form I-539, Application to Extend/Change Nonimmigrant Status to request an extension of status, and U.S. Citizenship and Immigration Services (USCIS) will generally keep processing these cases because the agency is funded by application fees, not annual appropriations.

While some federal immigration functions slow or pause during a shutdown, USCIS case intake and adjudications for B-1/B-2 extensions usually remain open. Visitors should focus on submitting a timely and complete application to preserve their ability to remain while USCIS reviews the case.

Why USCIS usually continues processing

USCIS has operated through prior shutdowns by relying on fees paid by applicants and petitioners. That fee-funded structure is key for visitors who need additional time in the United States — for example:

• completing a temporary business trip,
• attending medical appointments, or
• finalizing travel plans.

The most important point is to file before the current I-94 status expires, even if the government shutdown overlaps the filing date. A timely, complete application helps preserve a visitor’s authorized stay while USCIS reviews the case.

Other federal impacts to be aware of

Some immigration-related programs and agencies are affected by funding lapses, which can cause indirect delays:

• The E-Verify program (used by employers to confirm work authorization) typically goes offline during a lapse in funding. While E-Verify does not apply to B-1/B-2 visitors, its pause can create staffing pressures that ripple across customer service channels. For context about the program itself, see the official DHS resource, What is E‑Verify.
• The Department of Labor (DOL) halts many functions, affecting labor certifications and wage determinations for employment visas. This does not directly affect B-1/B-2 extensions, but it can add to overall delays as agencies coordinate reduced operations.
• Customs and Border Protection (CBP) keeps ports of entry open, but travelers may experience slower processing at some locations.

None of these changes prevent a visitor from submitting Form I-539 to seek more time in B status, but applicants should be prepared for possible slower service and longer wait times.

What USCIS continues to do (based on past shutdowns)

According to analysis by VisaVerge.com, USCIS’s fee-funded nature has allowed it to:

• post receipt notices,
• issue biometrics appointments where required, and
• make decisions on cases already in the queue.

For B-1/B-2 visitors, that continuity means you can generally follow a standard extension strategy: prepare the application package, pay the filing fee, and present a clear, supported reason for needing more time.

Eligibility and evidence USCIS looks for

USCIS instructs visitors to demonstrate they still meet B-1/B-2 requirements, including:

• the stay is temporary,
• a specific purpose for the extra time,
• strong ties abroad (residence, job, or school outside the U.S.),
• proof of funds to support the stay, and
• a plan to depart on or before the requested end date.

While a shutdown may slow certain workflows, USCIS will continue to accept and adjudicate extension requests that satisfy these criteria.

USCIS processing during funding lapses

Because USCIS relies mainly on fees, core operations often continue even when Congress has not passed a new funding bill:

• Intake centers accept packages by mail and courier.
• Online filing portals for eligible forms remain open.
• Lockboxes process payments.
• Adjudicators continue working cases.

This continuity extends to B-1/B-2 extension filings through Form I-539. What may change is the pace of processing: staffing adjustments, security protocols, and coordination with other agencies can slow timelines. Customer service wait times and mailroom or card production schedules may also be affected.

Timing rules and filing guidance

Visitors should remember timing rules that apply regardless of a shutdown:

• File at least 45 days before your I-94 end date whenever possible. Timely filing helps protect your period of authorized stay while USCIS reviews your case.
• If you’re near expiration, submit the best application you can with available documents and supplement later if USCIS requests additional evidence.
• Do not overstay without filing; overstaying can cause future visa problems.

Filing is a step-by-step process:

1. Complete Form I-539.
2. Include the filing fee (currently around $370 for many I-539 categories).
3. Sign the form and attach evidence.

Typical B-1/B-2 extension packets include:

• copy of the I-94,
• a detailed cover letter explaining the reason for more time,
• recent bank statements or a sponsor’s support letter,
• proof of return travel plans if available,
• copies of the passport biographic and visa pages, and
• if under medical care, a doctor’s letter with diagnosis, treatment plan, and expected timeframe.

Practical impact on applicants

For businesses hosting B-1 visitors (meetings, training, contract reviews), the ability to extend during a shutdown helps keep plans on track. Trade shows, audits, and project milestones often don’t align with fiscal deadlines in Washington, and a timely Form I-539 lets visitors request minimal extra time without risky last-minute departures and reentries.

For families and medical cases, common evidence that persuades USCIS includes:

• doctor’s notes,
• scheduling letters, and
• proof of funds to cover living costs.

A shutdown does not change these core requirements, and USCIS can still process the file.

Checklist: filing an extension during a shutdown

• File before your I-94 expires. On-time filing is essential.
• Use the official application. Submit Form I-539 and follow the USCIS instructions at Form I‑539, Application to Extend/Change Nonimmigrant Status.
• Pay the correct fee. Budget around $370, but confirm the latest amount on the USCIS form page before filing.
• Explain your reason clearly. Provide a brief, direct letter stating why you need more time and for how long.
• Show funds and departure plans. Include proof of financial support and any reservation holds or plans showing intent to leave by the new date.
• Expect possible delays. Broader federal slowdowns can affect timelines even when USCIS remains open.
• Keep copies of everything. Save your receipt (Form I-797) and all supporting documents.

Border travel, departures, and practical tips

• Travelers at the border should allow extra time during a shutdown. CBP officers continue inspections and ports remain open, but lines can grow if staffing is stretched.
• If you must depart while Form I-539 is pending, carry the receipt notice and a copy of the full filing for future visa interviews.
• Employers should note that E-Verify pauses do not affect B-1/B-2 extensions, since these visitors are not authorized to work and their extension requests are processed by USCIS.

Planning and reminders for visitors and representatives

• Build a cushion: if a trip’s purpose may exceed the period granted on entry, file early rather than waiting until the final days.
• If plans change unexpectedly, file as soon as the need becomes clear and provide updated evidence if USCIS requests it.
• Immigration lawyers and accredited representatives should remind clients that not all federal processes move at the same speed: DOL-dependent filings slow and some info lines close, but USCIS’s fee-funded work continues, including B-1/B-2 extensions.
• Watch official alerts: USCIS posts notices about which functions are affected during a lapse in funding. Local Application Support Centers may adjust hours, and field offices could reschedule some appointments.

Key takeaways

• You can file Form I-539 during a government shutdown.
• File before your I-94 expires and present a clear reason, proof of funds, and intent to depart on time.
• While some supporting systems pause, USCIS keeps moving fee-funded cases forward, providing a lawful way to obtain a modest extension and complete your visit before returning home.