Can I File I-140 and I-485 Simultaneously During a Shutdown?

(UNITED STATES) With Congress again facing a funding lapse, employment-based green card applicants are asking the same urgent question: Can they rely on concurrent filing of I-140 and I-485 during a government shutdown? Immigration officials say yes. Because U.S. Citizenship and Immigration Services is fee-funded, the agency continues to accept and process concurrent filing—submitting Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Application to Register Permanent Residence or Adjust Status) together—even if other federal agencies pause most work.

That means eligible applicants inside the United States 🇺🇸 can still file both forms at the same time, with normal intake and receipts. Applicants should, however, prepare for possible slowdowns as cases move through background checks and interagency steps.

Key rule and eligibility

USCIS’s policy permitting concurrent filing has been stable for more than two decades and remains in effect as of October 2025. The green light for concurrent filing does not change the legal threshold: concurrent filing is allowed only when an immigrant visa number is immediately available and the applicant otherwise qualifies for adjustment of status.

• Who can use concurrent filing
  • You are physically in the United States and eligible for adjustment of status.
  • A visa number is available for your category and country per the current Visa Bulletin.
  • You meet other requirements for adjustment (for example, maintaining lawful status and not triggering bars to permanent residence).
• Who cannot use concurrent filing
  • Applicants outside the United States must proceed through consular processing; USCIS will reject an I-485 filed from abroad.

If your priority date is current under the Department of State’s monthly Visa Bulletin, you can mail both forms together to the correct USCIS lockbox. The rule has been stable since 2002 and remains unchanged as of October 2025.

For official reference on visa number availability, use the State Department’s monthly Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

What happens during a government shutdown

USCIS is fee-funded, so core services generally continue during a shutdown:

• Intake and adjudication: Continue as normal.
• Premium Processing: Remains available for eligible categories.
• Fee checks: Are cashed; receipts are issued.
• Department of Labor (DOL): Typically suspends most services (PERM labor certifications, LCAs).
• E-Verify: Suspended during shutdowns.
• Interagency checks: Background checks (e.g., FBI name checks) and transfers may slow due to reduced staffing at partner agencies.

USCIS has not issued any announcement suggesting it would stop accepting I-140 and I-485 filings during a shutdown. Intake continues, but applicants should expect slower processing at downstream steps like biometrics, background checks, and interviews.

Practical benefits and risks of concurrent filing

Benefits:
– Once USCIS receives a properly filed I-485, applicants can request Employment Authorization (EAD) and Advance Parole (AP) as part of the same package.
– The EAD and AP can provide work and travel flexibility during long adjudications.

Risks:
– If the I-140 is denied, the I-485 will be denied as well.
– USCIS does not refund filing fees when the I-140 is denied and the I-485 falls with it.
– Weaker I-140 cases may benefit from staged filing (file I-140 first, then I-485 after approval) to reduce financial risk, at the cost of delayed interim benefits.

Example scenarios
– Positive: An H-1B software engineer with an approved PERM and a strong I-140 packet can file I-140+I-485 even if a shutdown begins; USCIS will accept filings and issue receipts, though biometrics and interview scheduling may be slower.
– Cautionary: A worker with weak evidence for ability to pay or questionable experience letters who files concurrently risks losing both fees if the I-140 is denied.

Shutdown operations: concise checklist

• USCIS acceptance and receipts: Normal
• Intake for Form I-140 and Form I-485: Normal, including concurrent filing
• Premium Processing: Available
• DOL systems (PERM, LCAs): Suspended during shutdowns
• E-Verify: Suspended during shutdowns

These conditions mean intake is not blocked, but expect speed bumps (longer waits for biometrics, slower interagency checks, delayed interviews).

Practical filing steps and strategy

Applicants planning concurrent filing should follow this checklist:

1. Check the Visa Bulletin. Confirm your priority date is current for your preference category and country of chargeability.
2. Prepare both forms and evidence. Complete Form I-140 (job offer, employer’s ability to pay, qualifications) and Form I-485 (medicals if available, status proof, identity records).
3. Send together with correct fees. Mail both to the proper USCIS lockbox address, following current instructions.
4. Monitor case progress. Expect potential delays in biometrics, RFEs, and interviews, but anticipate acceptance and receipt numbers as usual.
5. Respond quickly to USCIS requests. Timely replies help keep the case moving when staffing is tight.

For convenience, link directly to official forms:
– Form I-140: https://www.uscis.gov/i-140
– Form I-485: https://www.uscis.gov/i-485

Strategic considerations to discuss with counsel:
– Strength of the I-140: A robust petition favors concurrent filing to access interim benefits; a weak petition may favor staged filing to protect fees.
– Medical exam timing: Including the medical can avoid later delays, though many file without it and wait for a request.
– Travel plans: Advance parole with the I-485 helps travel during adjudication. Leaving the U.S. before receiving AP can cause problems unless you have valid dual-intent status (e.g., H-1B, L-1) and follow current rules.
– Job changes and portability: AC21 portability may help later but requires careful timing and compliance.

Employers should remember DOL shutdown impacts:
– If PERM or LCA is pending at DOL, a shutdown pauses that step. Once DOL reopens, certification must complete before filing the I-140 (and I-485 if concurrent filing is desired).

Case management tips

• Save copies of everything sent and use trackable mail.
• If a receipt seems delayed beyond normal timing, contact the USCIS Contact Center (expect longer wait times during closures).
• Online case status tools and USCIS accounts continue to display updates.
• Premium Processing for I-140 can stabilize timelines for the immigrant petition and provide quicker clarity—even though it does not speed I-485 adjudication directly.

Final takeaways

• USCIS continues accepting concurrent filing of I-140 and I-485 during a government shutdown. Intake and receipts remain operational.
• The ability to file does not change; processing speed may decline due to slower interagency checks and staffing effects.
• Concurrent filing offers earlier access to EAD and AP but carries the financial risk that both I-140 and I-485 can be denied with no fee refunds.
• Careful preparation, confirming the correct Visa Bulletin chart to use, and consulting qualified counsel are essential steps to minimize avoidable rejections and manage risk.

Important reminder: If the I-140 is denied, the I-485 is denied and filing fees are not refunded. Careful preparation is your best shield.