Can L-1A/L-1B Petitions Be Filed During a Government Shutdown?

Multinational employers can keep filing L-1A and L-1B intracompany transfer petitions during a government shutdown, and USCIS processing of these cases continues without interruption because the agency runs mainly on filing fees rather than yearly budget votes. That means companies moving managers, executives, and specialized-knowledge staff across borders should see normal intake and decisions on L-1 cases even if other parts of the federal government pause some work. According to analysis by VisaVerge.com, the L-1 category is one of the few work visa paths that remains largely stable when Washington stalls.

Why USCIS keeps processing L-1 petitions during a funding lapse

USCIS, the agency that adjudicates L-1A / L-1B petitions, explains that it keeps operating during funding lapses because it’s primarily fee-funded, so most services proceed as usual. Official guidance from the agency confirms that core case work continues during a lapse in appropriations, including intake, biometrics as required, and decisions on pending cases.

• See the USCIS guidance on operations during funding lapses.
• This fee-funded structure matters for global companies that plan talent moves months in advance and need predictable case timelines.

Why L-1 is more resilient than some other visas

A key reason the L-1 route is more resilient than some other work visas is that it does not rely on the Department of Labor for a Labor Condition Application (LCA).

• During a funding lapse, the Department of Labor halts LCA processing, which can block filings for H-1B, H-1B1, and E-3 workers until funding resumes.
• L-1 employers do not face that hurdle. The absence of an LCA step removes dependence on a system that shuts down when appropriated funds stop flowing.

What continues and what may be affected

Because USCIS remains open, processing times for L-1 cases are generally not directly affected by a shutdown. Officers keep working on cases, and service centers continue to issue receipt notices and decisions.

That said, there can be indirect ripple effects outside USCIS:

• Consular visa appointments: local staffing levels at U.S. consulates may affect scheduling.
• Border/port of entry: extra wait time is possible if some border posts adjust staffing or priorities.
• These side effects are uneven and depend on location and workload, but they don’t stop USCIS from doing its part.

Another steady feature is Premium Processing for L-1 petitions. Companies that pay for faster review can expect expedited action to remain available during a shutdown, letting them move urgent transfers on a predictable clock.

Operations during a funding lapse — what USCIS does

USCIS continues to accept and adjudicate L-1 filings throughout a funding lapse because those activities are supported by filing fees.

• Intake systems keep running.
• Lockboxes and online portals remain open.
• Officers still issue Requests for Evidence (RFEs) when needed.
• The agency treats these services as essential to its fee-supported mission.

Consular and border operations — variability to expect

Consular visa services generally continue, though the pace can vary.

• Where a post relies on fee-funded services and has sufficient staff, interviews and visa printing usually proceed.
• Some consulates may offer fewer appointments or reduce operations temporarily.
• Cleared L-1 travelers with urgent needs should carry proof of start dates, travel plans, and employer letters in case they need to request an earlier slot or explain urgency.

At the border, Customs and Border Protection continues primary inspection and admission processing.

• Most L-1 travelers with valid visas and petition approvals should be able to enter as usual.
• During staffing strains, some ports may see longer lines or secondary checks, lengthening arrival times.

Important: USCIS processing of L-1A / L-1B petitions remains active and ongoing during a federal funding gap.

E-Verify and other paused services

A frequent point of confusion during shutdowns is E-Verify. The electronic work authorization system typically pauses during a funding lapse because it relies on appropriated funds.

• That pause does not affect the ability to file L-1 petitions or the agency’s review of them.
• Employers using E-Verify will usually receive instructions on how to handle the backlog once the system returns; they should save notices and follow the posted timelines.

Practical effects for employers and workers

For multinational employers managing talent moves, the L-1 program’s resilience during a government shutdown offers breathing room.

Employers can:

1. File L-1A petitions for qualifying executives and managers and L-1B petitions for specialized-knowledge staff on their normal schedules.
2. Use Premium Processing to keep critical projects on track when timing is tight.
3. Continue onboarding plans while watching for indirect slowdowns at consulates or ports of entry.

Workers should:

• Carry complete documents when traveling: the petition approval, visa, support letters, and recent pay records if already on assignment.
• If a consulate interview is required, check appointment calendars early and often — slots can shift quickly.
• Expect routine USCIS notices and updates to arrive as usual, even while other government news focuses on closures.

If an RFE arrives, respond on time and in full. If delivery services run slower during a shutdown, send responses with tracking and keep copies.

Planning tips for mixed-visa hiring

Employers that use both L-1 and H-1B pathways should review hiring plans:

• If a role could be supported by an intracompany transfer under the L-1 rules, that route may avoid a shutdown-related pause tied to an LCA.
• If a job truly requires an H-1B or E-3, build extra lead time into the plan and avoid last-minute filings near known funding deadlines.
• Having alternative travel or assignment options ready can reduce stress for the worker and the team.

Compliance and recordkeeping

There are also compliance steps to remember:

• Keep copies of any notices showing a funding lapse affected a consulate schedule or port processing.
• If a worker’s travel was delayed for reasons outside their control, that record can help explain timing to clients or internal audit teams.
• Some downstream tasks—like local driver’s license appointments—may face slowdowns if state offices see knock-on effects. Have backup plans ready.

When Premium Processing makes sense

Premium Processing remains a strong tool in these periods.

• It offers a defined window for a decision or a notice of evidence needs.
• It is often worth the extra fee when project timelines are fixed (e.g., restructurings, leadership swaps, high-stakes client commitments).

Quick rule of thumb

• L-1A / L-1B petitions can be filed and are adjudicated by USCIS normally during a government shutdown.
• Processing times are usually stable for L-1 cases.
• Consular and border steps may see spot delays, but they don’t stop the pipeline.
• E-Verify pauses do not block L-1 filings.

VisaVerge.com reports that this pattern holds across recent funding lapses and is consistent with how a fee-funded agency operates.

Communication and final recommendations

• Keep communications open with transferees: share updates about interview timing, travel plans, and local office changes.
• For families moving with children, check school enrollment windows and ask for flexible start dates if travel shifts.
• If a spouse needs separate work authorization, note that programs outside USCIS or those relying on appropriated funds could face pauses.
• Check official USCIS posts before key steps — like a consular interview or planned border entry — to save time and stress.

In the meantime, the L-1 path remains one of the most reliable channels for multinational transfers when Washington funding debates heat up.