Can I File H-1B or L-1 Extensions During a US Shutdown?

U.S. employers and foreign workers asked a direct question as the new fiscal year opened with a partial government shutdown: Can H-1B and L-1 professionals file extensions now, and what happens to their status if key agencies slow or stop? The answer, as confirmed by long‑standing funding rules and shutdown practice, is that you can file H-1B, L-1, and other work visa extensions during the 2025 government shutdown, and in most cases, your current status remains protected if you file on time. But there are important caveats. Some immigration functions that rely on the Department of Labor are paused, and that can create unavoidable delays for petitions tied to a new Labor Condition Application or a pending PERM labor certification.

According to analysis by VisaVerge.com, applicants should move quickly on filings that are still possible and document any delay that stems from the shutdown to protect their timelines once all systems resume.

What stays open vs. what pauses

• USCIS remains open. Because USCIS is primarily funded by application fees, it continues processing employment-related petitions, including H-1B and L-1 extensions and employment‑based forms like Form I-140 and Form I-485. Where available, premium processing also continues.
  • This means employers and workers can continue to file extension petitions and USCIS will keep adjudicating them.
  • USCIS’s fee-funded status keeps the mailroom and adjudications functioning even during a lapse in federal appropriations.
• DOL immigration functions pause. The Department of Labor’s immigration processes are funded through appropriations, so during a shutdown the DOL will stop accepting and processing:
  • Labor Condition Applications (LCAs) required for most H-1B filings;
  • Prevailing wage determinations; and
  • PERM labor certification filings tied to many employment‑based green card cases.
  • If a fresh LCA is required, that step cannot proceed until DOL reopens.

This split—USCIS open, DOL closed—creates a mixed experience for many cases. If an employer already has a certified LCA, USCIS can continue processing the extension petition. If not, filings requiring a new LCA must wait.

Status protection and timely filing

• If you file a timely extension with USCIS, your status is automatically extended while the petition is pending.
  • For H-1B and L-1 professionals, that means lawful status continues even if the calendar crosses the previously approved end date, provided the employer filed the extension before expiration.
  • This statutory protection is what allows people to keep working while USCIS reviews their case.
• If a shutdown prevented a timely filing because an LCA was unavailable, prior practice matters:
  • USCIS has accepted late extension or change-of-status filings if the shutdown directly caused the delay, treating the lapse as beyond the employer’s control.
  • Practical advice: file as soon as DOL reopens, include a brief explanation and proof of the shutdown timing, and keep records showing the government closure was the only missing piece.

Key takeaway: timely-filed USCIS petitions preserve status; shutdown-caused delays tied to DOL may allow for late filings if properly documented.

Consular processing, travel, and E-Verify

• Consular visa stamping at U.S. embassies and consulates is generally fee-funded and usually continues during a shutdown. However:
  • Long shutdowns can delay scheduling or turnaround times, which raises risk for travelers who need a new visa stamp abroad.
  • Many H-1B/L-1 workers with valid U.S. status can remain in the U.S. without a valid visa foil, but travel that requires a new stamp may be uncertain.
  • Advice: plan travel carefully and communicate timing risks to your employer.
• E-Verify pauses.
  • E-Verify depends on appropriations and may be unavailable during a shutdown.
  • Its suspension does not block filing H-1B, L-1, or other extensions, but it complicates new-hire background checks and adds administrative stress.

Practical steps for employers and workers

Follow these clear action items while the shutdown continues:

1. Confirm whether the required LCA is already certified.
   • If yes, prepare and file the extension with USCIS now; keep the receipt notice.
2. If the LCA is not certified and DOL is closed:
   • Prepare the petition package so it can be filed immediately after DOL reopens and the LCA is certified.
   • Include a brief statement linking any filing delay to the shutdown and keep proof of closure.
3. Where eligible, consider premium processing to shorten USCIS review times once the petition is filed.
4. If travel is optional and a new visa stamp would be required abroad, weigh the risk of consular delays before leaving the country.
5. Track E-Verify guidance tied to the shutdown for hiring compliance, even though it doesn’t block extensions.
6. Keep status calendars current—timely filing preserves status during USCIS review.

Filing other employment-based forms

• USCIS’s continued operations apply beyond H-1B and L-1 cases. Examples:
  • Employers and workers can still file Form I-140 and Form I-485 while USCIS remains open.
  • If a case still needs a PERM labor certification, the PERM stage is paused until DOL reopens.
• Map out which steps rely on DOL and which do not. File everything you can now and place a pin in DOL-dependent steps.

Official USCIS guidance on fee-funded services and funding lapses: USCIS Operations During Lapse in Federal Funding.

Useful USCIS form pages that remain accessible:
– Form I-140, Immigrant Petition for Alien Worker: USCIS I-140
– Form I-485, Application to Register Permanent Residence or Adjust Status: USCIS I-485

Compliance, communication, and triage

• Employers should communicate clearly with affected staff about which cases can be filed and which are paused.
  • Simple internal messages calm nerves and reduce rumor-driven decisions.
  • HR teams can use a checklist to confirm LCAs on hand, identify filings queued for USCIS, and note PERM steps that must wait.
• Legal teams can triage cases:
  • Green: certified LCAs ready to file.
  • Yellow: cases needing DOL action once systems reopen.
  • Red: cases near end dates that require proactive communication.
• When DOL systems reopen, expect a surge. Filing early in that reopening window can reduce backlog effects.

Special notes on premium processing and PERM

• Premium processing remains useful if available for your category because it shortens USCIS adjudication time. It does not resolve DOL delays.
• PERM labor certifications cannot move forward until DOL funding resumes, but other non-PERM USCIS filings continue.
  • Workers with approved I-140s can still manage tasks that depend on USCIS, such as I-485 filings where applicable.

Family, travel, and personal logistics

• For families, downstream effects are tangible (school, travel, work authorization).
  • If a timely extension is filed, the principal’s status continues, stabilizing the household.
  • If an LCA delay forces a wait, be ready to file as soon as DOL reopens and anticipate longer consular appointment timelines.
• Keep travel documents, job letters, and pay records organized in case USCIS requests evidence.

Summary — Bottom line as of October 1, 2025

• USCIS is open and will keep taking extension filings, including premium processing where available.
• DOL’s immigration functions are suspended—no new LCAs or PERM filings until funding resumes.
• Timely USCIS filings extend status while a petition is pending.
• If a shutdown blocks an LCA, late filings tied to that delay may be accepted once DOL reopens if properly documented.
• Visa stamping continues but may slow if the shutdown lasts.
• E-Verify is paused, but that does not stop extension filings.

For employers: plan ahead, secure LCAs early where possible, and keep employees informed. For workers: file on time, keep documentation tidy, and be ready to act quickly when DOL systems restart. The shutdown creates delays but does not eliminate the core protections that let H-1B and L-1 workers keep their status while USCIS processes timely-filed petitions.