(UNITED STATES) As the United States 🇺🇸 faces renewed warnings about federal funding lapses, employers are confronting a familiar and stressful question: what happens to H-1B amendment filings when a change in worksite location collides with a government shutdown? The short answer reflects a split reality. An H-1B amendment is generally required when an employee’s worksite shifts outside the metropolitan statistical area (MSA) named in the original petition, including remote work arrangements. But during a government shutdown, the Department of Labor’s Labor Condition Application pipeline stops, the FLAG portal goes dark, and any amendment that needs a new LCA can’t be filed or approved until the shutdown ends.
USCIS, which is fee-funded, continues to accept and process petitions, yet without a certified LCA, employers can’t submit the amendment package. In previous shutdowns, USCIS has accepted late filings when delays were directly caused by the shutdown, but employers need to document that impact carefully.

Legal trigger and basic rule
At the core of this issue is the legal trigger for an H-1B amendment whenever the place of work moves outside the original area of intended employment.
- If a software engineer shifts from a downtown office to a fully remote setup across the state line—outside the MSA listed in the original petition—an amendment is required.
- If the new remote worksite location sits within the same MSA, an amendment may not be necessary, but the employer still must post a new LCA notice for the new site.
- The rule is clear: worksite changes outside the MSA mean an amendment; inside the same MSA generally means no amendment, but a posting obligation remains.
When a shutdown hits, that posting step can also be affected if a new LCA is required, because the Department of Labor’s Office of Foreign Labor Certification (OFLC) ceases processing and the FLAG system deactivates, blocking LCA certification.
Shutdown mechanics and immediate bottleneck
- During a government shutdown, the OFLC stops processing LCAs and the FLAG system is deactivated.
- Without a certified LCA, employers cannot file an amendment that requires one, even though USCIS remains operational because it is fee-funded.
- This creates a practical bottleneck: cases that would otherwise be straightforward become frozen until the Department of Labor resumes operations.
Important: USCIS has accepted late filings in past shutdowns when delays were directly caused by the shutdown — but employers must document the impact precisely to rely on that flexibility.
Timing pressure and practical guidance
Timing pressure is sharpest for time-sensitive cases (senior engineers, client deployments, data-science hubs). Practical guidance:
- File LCAs and any needed amendments as early as possible ahead of a possible shutdown.
- If the shutdown prevents timely filing, collect documentary evidence (screenshots of the FLAG portal deactivation, date-stamped internal messages, public agency notices).
- Keep clear records so you can meet USCIS’s expectations if you need to explain a late filing.
Remote work specifics
Remote arrangements deserve special attention because they often spread employees across regions.
- If the remote location is within the same MSA as the original H-1B worksite:
- Generally no amendment is required.
- Employer must complete the LCA notice posting within 60 days of the move.
- If the remote location is outside the MSA:
- Employer must file an H-1B amendment covering that new location.
- During a shutdown, cannot obtain the certified LCA, so the amendment is delayed until OFLC reopens.
This lag can ripple through project timelines and employee planning, increasing anxiety for families counting on stable work authorization and a predictable paycheck.
Filing questions and “shortcuts” during a shutdown
Employers often ask whether they can file with a pending LCA or submit proof that an LCA was attempted.
- There is no shortcut: for cases requiring a newly certified LCA, the amendment cannot be filed until the LCA is certified.
- That is why proactive filing is the strongest risk control.
- Common strategies:
- Build internal calendars keyed to fiscal-year deadlines and congressional funding cycles.
- Keep a standby plan to keep employees within the same MSA (avoiding the amendment trigger) until DOL reopens.
Documentation and communication if a shutdown occurs mid-move
If a shutdown hits while a move is underway, focus on documentation and communications:
- Keep a written record of the intended start date at the new site.
- Record the exact date the FLAG system became unavailable.
- Preserve internal steps taken to avoid or reduce delay.
- Explain the situation clearly to the affected employee: the job remains secure, but the amendment can’t be filed until the government reopens and the LCA is certified.
- Consider temporary arrangements within the worker’s current MSA to avoid triggering an amendment.
USCIS posture and “late filing flexibility”
- USCIS remains open during a shutdown and has shown limited flexibility in prior shutdowns, accepting late filings when delays were directly caused by the shutdown.
- However, “late filing flexibility” is not a substitute for a certified LCA, and it is not open-ended.
- Employers should preserve careful, dated evidence of the shutdown’s impact to support any request for later leniency.
Practical employer and worker scenarios
Common scenarios and required steps:
- Data engineer moves 10 miles but stays within the same MSA:
- Generally no H-1B amendment required.
- Employer must post LCA notice for the new worksite within 60 days.
- Project manager moves to a different MSA:
- H-1B amendment required.
- If DOL is shut down, cannot secure new LCA → employer must delay the filing or arrange temporary work within the original MSA.
- Time-sensitive client deployment:
- File early; if shutdown prevents filing, document the impact thoroughly so USCIS may accept a late filing.
Field-tested preparation steps
Employers should:
- Start early when an outside-MSA worksite change is possible.
- Keep detailed records of dates and events showing how the shutdown affects filing timelines.
- Monitor agency announcements (OFLC and USCIS).
- Use temporary worksite strategies to keep employees within the same MSA where possible.
- Communicate clearly with workers about status, timelines, and adjustments.
VisaVerge.com reports that employers who prepare ahead of funding deadlines reduce the risk of stalled projects and anxious workers, especially for multi-site teams and clients with strict go-live dates.
Forms and filings
- Use Form I-129 to request an H-1B amendment.
- Official form and instructions: Form I-129, Petition for a Nonimmigrant Worker.
- The amendment package must include the certified LCA when a new certification is required; during a shutdown, obtaining that certified LCA is the limiting factor.
Policy and operations overview
Under normal operations:
- The Department of Labor (OFLC) certifies the LCA, attesting to wage and working condition requirements for the job in a specific area of intended employment.
- USCIS adjudicates the H-1B petition (amendment or otherwise) based on the certified LCA and other evidence.
- A change outside the MSA usually requires a new LCA and an H-1B amendment.
- A change within the same MSA typically does not require an amendment, though the employer must still post the LCA notice within 60 days.
During a shutdown:
- The OFLC stops processing LCAs and FLAG is deactivated → no new LCAs can be certified.
- Without a certified LCA, employers cannot file the necessary H-1B amendment, even though USCIS remains open.
Employer operational checklist and templates
Suggested internal triggers and tools:
- Verify whether a requested remote address sits inside or outside the original MSA.
- If outside:
- Begin the LCA process immediately; if a shutdown looms, consider postponing move until certification is possible.
- If inside:
- Schedule the LCA notice posting and track the 60-day timeframe.
- For high-priority moves:
- Prepare documentation templates: screenshots, date logs, internal memos describing the shutdown’s filing impact.
A sample checklist (recommended workflow):
- Confirm MSA status for proposed new site.
- If outside MSA → start LCA and amendment process now.
- If inside MSA → plan LCA notice posting within 60 days.
- If shutdown risk exists → prepare documentation kit (screenshots, announcements, internal memos).
- Communicate status to employee and managers; consider temporary within-MSA solutions.
Key compliance takeaways
- An H-1B amendment is required when a worksite location changes outside the MSA listed in the original petition (including remote work outside the MSA).
- If the new location is within the same MSA, an amendment is generally not required, but a new LCA notice must be posted within 60 days.
- During a government shutdown:
- DOL’s OFLC stops processing LCAs and FLAG is deactivated → new LCAs cannot be certified.
- USCIS remains open, but employers cannot file an amendment that requires a new LCA until certification occurs.
- If the amendment is time-sensitive and the shutdown prevents timely filing, USCIS may accept late filings when the employer documents that the delay was caused by the shutdown.
Final operational advice
Shutdowns are temporary, but missed filings can have long-lasting consequences. Best practices:
- Early planning, MSA verification, and careful recordkeeping are the principal tools employers have.
- When the shutdown ends, move quickly to file the LCA, complete postings as required, and submit the H-1B amendment with Form I-129 (USCIS form and instructions).
- Monitor the U.S. Department of Labor’s Office of Foreign Labor Certification for status updates: https://www.dol.gov/agencies/eta/foreign-labor.
- Keep workers informed, try to stay within the original MSA where possible, and document every step.
These actions align with the guidance in effect as of October 2025 and offer the clearest path through the uncertainty that a government shutdown brings to H-1B amendment strategy.
Frequently Asked Questions
This Article in a Nutshell
An H-1B amendment is typically required when a worker’s place of employment moves outside the metropolitan statistical area (MSA) specified in the original petition; remote work outside the MSA triggers the same requirement. If the new worksite remains within the same MSA, an amendment generally isn’t necessary but the employer must post an LCA notice within 60 days. During a government shutdown, the Department of Labor’s OFLC halts LCA processing and the FLAG portal deactivates, preventing certification of new LCAs. USCIS remains open because it is fee-funded, but employers cannot file amendments that need newly certified LCAs until DOL resumes operations. Employers should file LCAs and amendments early, document any shutdown-caused delays (screenshots, dated notices), and consider temporary within-MSA arrangements to avoid amendment triggers. USCIS has previously accepted late filings when delays were directly caused by shutdowns, but careful documentation is essential. Use Form I-129 for amendments and monitor DOL and USCIS updates to act quickly when operations resume.