Can Employers File H-1B Petitions and LCA During a Shutdown?

First, list of detected resources in order of appearance:
1. Department of Labor’s Office of Foreign Labor Certification (OFLC) / Department of Labor: Foreign Labor Certification
2. USCIS (context; resources: Form I-9, E-Verify) — specific detected resources: E-Verify, Form I-9
3. Form I-9 (mentioned twice)
4. E-Verify (mentioned again)

Now I will add up to five .gov links, linking only the first mention of each resource name in the article body, preserving all content and formatting otherwise.

(UNITED STATES) Employers cannot file new H-1B petitions that require a certified Labor Condition Application (LCA) during a federal government shutdown, because the Department of Labor’s Office of Foreign Labor Certification (OFLC) halts LCA processing and disables the FLAG system. That shutdown step blocks the first, required step for most H-1B filings, forcing companies to wait until funding is restored.

U.S. Citizenship and Immigration Services (USCIS) generally keeps working because it is fee-funded, but without a certified LCA on file, new H-1B cases that require an LCA cannot move forward. E-Verify also goes offline, leaving employers unable to run electronic checks for new hires until systems come back.

According to analysis by VisaVerge.com, the pause at the Department of Labor is the core bottleneck: when OFLC suspends LCAs, prevailing wage requests, PERM reviews, and access to the Foreign Labor Application Gateway, employers lose the legal pathway to start many H-1B petitions. Even if a company has everything else ready, a shutdown means no new DOL certifications, and that stalls filings.

USCIS operations usually continue during a shutdown because application fees fund most services. That means the agency can keep accepting and processing cases that already have certified LCAs or do not need new ones. But the law still requires a valid, certified LCA for H-1B roles. So, if the LCA is missing because the Department of Labor is closed, the H-1B case waits.

Employers who secured LCAs before the shutdown can still file with USCIS and, if eligible, request premium processing following normal rules.

E-Verify, the federal electronic work authorization system, also goes dark during a shutdown. Employers must still complete the paper onboarding process — the Form I-9 — for every new employee. But they cannot enter E-Verify checks until service resumes. The required I-9 itself is still due on time. Employers should keep clean records and run E-Verify when the system returns. The official Form I-9 page explains what documents workers can present and how employers should review them.

Policy Freeze at the Department of Labor

The Department of Labor’s shutdown posture hits several key programs at once:

• LCAs: Stopped — The OFLC suspends all Labor Condition Application processing. No new certifications are issued during the funding lapse.
• FLAG system: Disabled — The electronic portal employers use for LCAs, prevailing wage requests, and PERM is turned off. Users cannot submit or retrieve filings.
• Prevailing wage and PERM: On hold — Wage determinations and PERM labor certifications stop, affecting current green card sponsorship and future planning for H-1B workers.
• BALCA and DOL ALJ dockets: Paused — Appeals and hearings are placed on hold, delaying resolutions for pending cases.

For H-1B petitions, this means no fresh LCAs can be certified. Without a certified LCA, employers cannot file new petitions tied to those jobs. Companies with time-sensitive hiring plans may face missed start dates, expiring offers, or the need to shift duties among current staff.

In some cases, internal transfers or remote work abroad may be considered as temporary measures, but those choices carry business and tax consequences that go beyond immigration.

While the Department of Labor is offline, employers should document their efforts and timelines. Keeping emails, FLAG timestamps (if available before the shutdown), and internal notes can help show good-faith steps once the government reopens. Many employers also budget extra lead time before the end of the fiscal year in case a shutdown occurs.

For official program status and alerts, the DOL OFLC page is the best source: visit the Department of Labor: Foreign Labor Certification.

Operational Areas That Keep Running

Some parts of the immigration system remain open, even in a shutdown, though service levels can vary:

• USCIS
  • Fee-funded operations continue.
  • The agency can accept petitions that do not require new Department of Labor certifications or that already have certified LCAs.
  • Petitions relying on a new LCA must wait until the Department of Labor resumes processing.
• Department of State consular services
  • Many visa and passport functions continue because they are fee-funded.
  • Posts can face reduced staffing or slowdowns, especially if a shutdown lasts.
  • Travelers planning H-1B stamping at consulates should build in extra time and track local post updates.
• Customs and Border Protection (CBP)
  • Ports of entry stay open as essential services, so inspections and travel continue.
  • Workers with valid visa status and documents can still travel, though they should carry full paperwork to avoid delays.
• E-Verify
  • Suspended. Employers must still complete the Form I-9 on time but cannot run E-Verify checks until the system is restored.

The mix of open and closed systems creates a patchwork for H-1B employers. A company with a pre-certified LCA can file an H-1B extension or change-of-employer case with USCIS, even during the shutdown. But a brand-new role requiring an LCA cannot proceed until the Department of Labor comes back online. This split can cause uneven hiring outcomes across teams and locations, depending on who already has an LCA in hand.

Practical Steps Employers Should Take

Employers should take practical steps to manage risk:

1. File early
   • Submit LCAs and related filings well before any expected shutdown window.
2. Keep records
   • Save evidence of missed deadlines or blocked filings linked to the shutdown (emails, timestamps, internal notes).
3. Communicate timelines
   • Be clear with new hires about possible delays in H-1B petitions when LCAs are pending at the Department of Labor.
4. Plan for E-Verify downtime
   • Complete Form I-9 onboarding on time and queue E-Verify checks for when service returns.

These steps can reduce confusion and provide documentation if timelines slip.

Important: For employers and employees alike, the human impact is real. Foreign workers may postpone job changes, travel, or family moves. Employers juggle project deadlines while trying to retain key talent. Clear communication and early planning can ease some stress, but the structural reality remains: during a shutdown, the Department of Labor’s LCA stoppage is a hard stop for many H-1B petitions.

Effects on Longer-Term Immigration Processes

For in-progress DOL matters like prevailing wage requests or PERM cases, the pause can push back green card steps that later affect H-1B max-out plans. Workers nearing their six-year H-1B limit often depend on approved PERM or I-140 milestones. A long shutdown can compress those timelines and may force employers to review work assignments or travel plans to preserve status.

Even after funding is restored, backlogs can persist. Systems restart, but demand that piled up during the lapse can stretch processing times. Employers should watch for DOL announcements on how pending LCAs, PERM filings, and FLAG access will be handled and whether grace periods or special instructions apply.

The shutdown script is familiar to seasoned immigration teams. Still, every pause brings real-world costs: delayed start dates, rescheduled consular visits, and anxious families. The clearest rule holds: without a certified Labor Condition Application from the Department of Labor, new H-1B petitions that require one cannot be filed until the government reopens and OFLC resumes work.