E-3 Status Extensions and Government Shutdown: Can Beneficiaries Work?

E-3 professionals and their employers face a mixed picture during a federal government shutdown: the Department of Labor (DOL) halts key steps needed for new filings, while U.S. Citizenship and Immigration Services (USCIS) generally keeps working. The most immediate effect is on Labor Condition Application (LCA) approvals. Because the DOL stops LCA processing during a shutdown, employers cannot secure the certified LCA required for new E-3 petitions or many E-3 status extensions.

By contrast, USCIS continues to accept and adjudicate filings it can handle without new DOL input because the agency is fee-funded and not dependent on annual appropriations. According to analysis by VisaVerge.com, this split is the core reason some E-3 cases stall while others proceed during a funding lapse.

Continued employment for E-3 holders already in the U.S.

For workers already in the United States in valid E-3 status, the key question is whether they can keep working.

If an employer filed a timely extension before the current status expired, and the filing was proper, beneficiaries may continue employment while the extension remains pending with USCIS. This continued employment is tied to the timely-filed extension petition, filed on Form I-129, Petition for a Nonimmigrant Worker (USCIS Form I-129). That protection depends on having secured the certified LCA before the shutdown.

When the DOL stops approvals, employers who still need a new LCA for an upcoming extension cannot file the I-129 at all until the government reopens. In those cases, workers may face a gap in authorized work after their current E-3 period ends, because the extension petition is not yet filed or receipted.

How the agencies interact during a shutdown

The dynamic is straightforward but unforgiving:

• During a shutdown, the DOL does not certify new LCAs.
• Without a certified LCA, there is no valid E-3 filing for either new employment or most extensions.
• USCIS will not approve E-3 petitions without the certified LCA.
• When an extension already reached USCIS before the shutdown, the case can move forward, and beneficiaries can usually remain on payroll while it’s pending.
• Employers that miss the window because they could not get the LCA in time must wait for the DOL to reopen, file the LCA, then submit the I-129.

USCIS has historically allowed late I-129 filings after a shutdown if the delay was caused by the shutdown and the petition includes evidence explaining the timing problem. Employers should include clear proof that the LCA could not be certified during the funding lapse and that they acted promptly once the DOL resumed operations. This history offers a path to cure late filings tied to the lapse, though it does not erase the risk of an interim work stoppage if status expires before filing becomes possible.

Important: A timely-filed and receipted E-3 extension is the key protection for continued work authorization. If the LCA is not certified and the I-129 cannot be filed before expiration, continued employment protection may be lost.

Policy Effects During a Federal Shutdown

• DOL LCA processing stops
  • No new LCAs are certified during the shutdown, pausing new E-3 filings and many E-3 status extensions that require a certified LCA.
• USCIS continues to operate
  • Fee funding allows USCIS to accept and process filings it can adjudicate without active DOL actions. Fears of a “USCIS shutdown” are misplaced; the agency stays open.
• Timely-filed extensions protect work authorization
  • Beneficiaries who have a properly filed E-3 extension pending with USCIS may keep working after their current status end date while the case is adjudicated.
• Late filings may be accepted post-shutdown
  • USCIS has accepted late I-129 petitions when the shutdown caused the delay, if the petition includes evidence documenting the shutdown’s impact on timing.
• Other agencies remain open with possible slowdowns
  • Customs and Border Protection and the Department of State continue to operate, though travelers and visa applicants may see delays. These slowdowns do not change the USCIS extension process itself.

Practical implications for employers and workers

E-3 sponsors and employees should take proactive steps to mitigate risk.

Practical steps for employers:
1. Plan filing timelines around DOL availability. Build in extra time to secure the LCA so the I-129 can be submitted well before the E-3 end date.
2. File extensions early if the LCA is already certified — this preserves continued work authorization while USCIS adjudicates the case.
3. If the LCA is not certified and the DOL closes: be prepared that filing the I-129 must wait until the DOL reopens, and a gap in work authorization may occur.
4. If filing late after a shutdown: include a cover letter and evidence that the shutdown caused the delay (portal screenshots, DOL notices, internal emails). USCIS has accepted such explanations historically.

Practical steps for workers:
– Check whether the employer filed the E-3 extension before status expiration and whether USCIS issued a receipt. A receipted, timely extension is the basis for continued work.
– If the case cannot be filed because the LCA is unavailable, discuss with the employer options to minimize downtime once the government resumes operations.
– Confirm the employer’s plan and know whether the extension was filed before status expiration — this determines your ability to remain on payroll while USCIS decides the case.

Because CBP and State continue to function, international travel remains possible, but travelers should expect slower processing and potential visa appointment delays. Travel does not fix an LCA freeze and does not substitute for a certified LCA in USCIS filings.

Evidence and documentation to preserve

Employers and counsel should keep robust documentation to support late filings or explain delays:

• Screenshots of the DOL LCA portal showing system unavailability
• Public DOL notices of operational status
• Internal emails and timestamps reflecting when actions were attempted and when processing resumed
• Copies of certified LCAs and I-129 receipts, where applicable

This evidence supports late-filing requests after the shutdown and helps USCIS assess whether the delay was outside the employer’s control.

Human impact and practical reminders

While the policy details can feel technical, the human stake is clear: for an E-3 worker with a mortgage, school-aged children, or an expiring status date, the difference between filing before a shutdown and after it can mean weeks without pay. For a startup relying on a single E-3 specialist, an LCA freeze can disrupt product timelines and customer commitments.

Common employer question: does premium processing help?
– The main barrier during a shutdown is the absence of a certified LCA, not USCIS adjudication speed.
– If the LCA is unavailable, no E-3 petition can be filed, premium processing or not.
– Once the DOL reopens and the LCA is certified, filing promptly and tracking receipt issuance is the practical step.

To keep cases on track:
– Monitor DOL communications for LCA availability.
– Prepare the I-129 packet in advance.
– File the day the LCA certifies.
– If a late filing is unavoidable, include a clear explanation and supporting evidence that the shutdown caused the delay.

For official filing instructions, see Form I-129 on the USCIS website: Form I-129, Petition for a Nonimmigrant Worker.