Can I-140 Be Filed During a Shutdown? USCIS EB Petitions

Employers can still file Form I-140 immigrant worker petitions during a federal government shutdown, and USCIS processing continues for EB-1, EB-2, and EB-3 cases. The key reason: U.S. Citizenship and Immigration Services is mainly funded by application fees, not annual congressional budgets. By contrast, the Department of Labor’s Office of Foreign Labor Certification shuts down most functions during a lapse in government funding, stopping new PERM labor certifications and Labor Condition Applications. For thousands of employers and skilled workers in the United States 🇺🇸, this split matters: some steps can go forward, while others will pause until Congress restores funding.

Why USCIS Remains Operational

USCIS confirms it keeps core services running in a shutdown because fee revenue supports daily work. That means employers may continue submitting Form I-140 immigrant petitions in the EB-1 (priority workers), EB-2 (advanced degree/professional), and EB-3 (skilled/professional/other worker) categories.
Premium processing generally remains available unless the agency announces a specific suspension, providing 15-day action for an extra fee. Adjustment of status cases linked to approved immigrant petitions also keep moving.

In short, USCIS remains open, even when other immigration-related agencies do not.

The Department of Labor Exception

The Department of Labor (DOL) is the key exception. During a shutdown, the Office of Foreign Labor Certification stops accepting and adjudicating PERM labor certifications and LCAs. This affects:

• EB-2 and EB-3 pathways, which usually require an approved PERM before filing Form I-140.
• Employers hiring H-1B workers because LCAs are on hold.

Without DOL staff on duty, new PERM filings simply wait. Employers who prepared filings ahead of time often try to submit before a potential shutdown to avoid immediate delays.

Two Groups of Cases During a Shutdown

1. Cases that can proceed
   • EB-2 and EB-3 petitions with an approved PERM can still file Form I-140 with USCIS.
   • USCIS processing continues, including standard and premium processing, unless the agency announces a pause.
2. Cases that must wait
   • New EB-2 and EB-3 green card cases needing a PERM must pause until DOL reopens.
   • Delays may ripple into priority dates, planning for adjustment of status, and concurrent filing opportunities.

EB-1: A Path Less Affected

EB-1 does not require a PERM labor certification. During a shutdown, EB-1 filings can continue without interruption, and USCIS will process them normally. This includes:

• EB-1A (extraordinary ability)
• EB-1B (outstanding professors and researchers)
• EB-1C (multinational managers and executives)

Employers sometimes use EB-1C more during prolonged funding standoffs because it sidesteps the DOL bottleneck entirely when the corporate structure supports it.

Adjustment of Status and On-the-Ground Services

For foreign nationals inside the U.S., adjustment of status remains a lifeline. USCIS continues to process Form I-485 applications based on approved immigrant petitions, including EB-1, EB-2, and EB-3.

• Biometric appointments, background checks, and many interviews continue, unless a local office faces unusual constraints.
• While scheduling can shift, adjustment of status stays active during a shutdown because it is part of USCIS’s fee-funded mission.

E-Verify and I-9: What Pauses and What Doesn’t

One area that does pause is E-Verify. The electronic verification system goes offline during a shutdown.

• E-Verify enrollment, case creation, and case resolution are suspended until funding resumes.
• Employers must still complete the Form I-9 for all new hires within required timelines.
• In past shutdowns, USCIS has issued temporary flexibility or alternate procedures for I-9 document review when E-Verify is down. Employers should monitor official announcements for any special instructions or extended timelines.

Note: the permanent remote I-9 option for qualified employers is separate from shutdown relief and follows its own rules.

Important: Even when E-Verify is unavailable, failure to complete I-9s can lead to penalties. Maintain compliance and document any special instructions from DHS/USCIS.

Policy Operations During a Shutdown (Quick Summary)

• USCIS stays open: Petitions and applications, including Form I-140, are accepted and adjudicated. Premium processing generally remains available unless USCIS announces a targeted pause.
• DOL OFLC closes: No new PERM or LCA intake or adjudication occurs while funding lapses. Case handling resumes only after the shutdown ends.
• EB-1 unaffected by PERM: Filings can continue, and USCIS keeps working on them.
• EB-2/EB-3 depend on PERM: New cases needing PERM must wait; cases with approved PERMs can proceed to Form I-140.
• Adjustment of status continues: USCIS moves forward with Form I-485 applications tied to approved immigrant petitions.
• E-Verify paused; I-9 required: Employers must still complete the Form I-9, even if E-Verify is unavailable during the funding lapse.

Practical Effects — Examples

• Technology firm scenario:
  • A firm with an approved PERM for a software developer can file Form I-140 and, if needed, pay for premium processing.
  • If the developer’s priority date is current, they might prepare Form I-485 for concurrent filing where allowed.
  • During a shutdown, USCIS processing remains open for both steps, reducing uncertainty.
• Healthcare system scenario:
  • A hospital starting a new EB-3 case for a registered nurse cannot submit PERM during the shutdown.
  • Staffing plans and start dates may be delayed, increasing the risk of losing candidates.
  • Families arranging moves and schools may have to change timelines.

Practical Steps Employers Should Take

• Track budget negotiations and plan for possible shutdown dates.
• File time-sensitive DOL items early when a shutdown looks likely.
• Prepare Form I-140 packets for cases with approved PERMs so they can be filed promptly.
• Review onboarding to ensure I-9s are completed on time, even if E-Verify is unavailable.
• Watch for official updates after the shutdown for any DOL catch-up procedures or deadline grace periods.

Historical Pattern and Strategic Advice

According to analysis by VisaVerge.com, past shutdowns show a consistent pattern: USCIS keeps immigrant and nonimmigrant filings moving, while DOL backlogs build and then require weeks to unwind. This encourages employers to front-load DOL steps when the political outlook points to a funding fight, since USCIS processing usually provides a steadier path forward during a lapse.

Families should also consider travel and work timelines. While Form I-485 remains pending, applicants rely on advance parole and employment authorization processed by USCIS. Interviews can still be scheduled. If a shutdown lasts longer than expected, applicants should:

• Check mail and communications promptly.
• Keep documentation ready for any rescheduled dates.
• Coordinate moves and school plans in case timing shifts after backlogs clear.

Employer Compliance Reminder

The Form I-9 remains mandatory. HR teams should:

• Train managers not to delay I-9 completion, even when E-Verify is offline.
• Maintain clear internal checklists and reminders.
• Follow any DHS or USCIS special instructions and keep documentation for future audits.

Official Resources

• Department of Labor Office of Foreign Labor Certification: DOL Office of Foreign Labor Certification
• USCIS Form I-140: Form I-140, Immigrant Petition for Alien Workers
• USCIS Form I-485: Form I-485, Application to Register Permanent Residence or Adjust Status
• USCIS Form I-9: Form I-9, Employment Eligibility Verification

Using the correct versions and instructions matters, especially when premium processing or concurrent filing is involved.

Bottom Line

During a government shutdown:

• USCIS stays open — Form I-140 filings move forward, and many green card steps continue, including adjustment of status.
• The main obstacle is the Department of Labor: no new PERMs or LCAs are processed, causing backlogs.
• Employers should act early on DOL steps when possible; workers should consult counsel about travel, status, and timing.
• Keep cases ready to file at USCIS to minimize delays when funding disputes affect immigration processes.