E-3D Employment Authorization During Government Shutdown: What Happens

(UNITED STATES) E-3D dependent employment authorization applications are effectively paused during a federal government shutdown, even though some immigration services keep their doors open. The reason is simple but decisive: the Department of Labor’s Office of Foreign Labor Certification stops work, shutting down the pipeline for the certified Labor Condition Application (LCA) that E‑3 and linked E‑3D filings rely on.

Without a certified LCA, there’s no way to complete the chain of approvals. USCIS, which is fee-funded and remains open, cannot approve what depends on a document the Labor Department cannot issue. The result is a full stop for new E‑3D work authorization tied to E‑3 filings until the government reopens.

How the pause happens: FLAG and the chain reaction

At the core of the pause is the Foreign Labor Application Gateway, better known as FLAG. During a shutdown, FLAG goes dark. Applicants and employers cannot file new LCAs, and officials cannot certify pending ones. That single change cascades through the E‑3 ecosystem.

• E‑3 professionals need a certified LCA to support their visa petitions.
• Dependents seeking E‑3D work authorization that depends on those filings remain stuck until the LCA exists in certified form.
• Even if an employer or attorney has everything else ready, the system cannot move.
• The government offers no workaround: no new LCA certifications are issued during the shutdown, so any E‑3D work authorization that depends on that certification is held in place.

USCIS remains open — but limited

USCIS does not close when other parts of the federal government shut down due to its fee-based funding model. That might sound like a relief for E‑3 families, but the Labor Department disruption sets a hard limit on what USCIS can do.

• USCIS officers cannot adjudicate an E‑3D employment authorization without the supporting certified LCA.
• The agency may accept filings and, in rare cases, excuse late submissions if the shutdown prevented timely filing.
• However, accepting a filing does not replace a certified LCA: no LCA, no new approval.

E‑Verify and additional employer impacts

The employee verification system, E‑Verify, also goes offline during a shutdown. While E‑Verify is separate from LCAs and certification, its pause creates separate headaches:

• Employers cannot run new hires through E‑Verify until services resume.
• This adds uncertainty to onboarding even when authorization might otherwise be in order.
• Employers often must push start dates, adjust onboarding plans, and manage compliance timing carefully.

Practical advice from VisaVerge.com

VisaVerge.com reports that these shutdown pauses follow a clear pattern: when the Department of Labor stops processing, the E‑3 and E‑3D pipeline slows to a crawl. Their analysis recommends:

• Complete and submit needed LCA requests before a potential shutdown date.
• Early filing reduces the risk of missing travel windows, work start dates, or school schedules.
• Even well-prepared cases can face delays if any piece of the process was waiting on the Labor Department when the shutdown started.

Policy freeze during a shutdown

The Department of Labor’s Office of Foreign Labor Certification functions as a gatekeeper in E‑3 processing. During a shutdown:

• The agency stops immigration-related work.
• FLAG is deactivated: no submission or certification of LCAs.
• Applicants cannot submit new LCAs, and officers cannot certify pending ones.

This is why official guidance stresses that E‑3D employment authorization applications are not processed during a shutdown that knocks out Labor Department functions. Once the shutdown ends and the Department of Labor resumes work:

1. FLAG comes back online.
2. Backlogs begin to clear.
3. LCA certifications start moving again.
4. Then USCIS and other processes can continue.

There is no paper or special-exemption alternative while OFLC is closed. The only realistic preparation is to have everything ready to submit as soon as systems reopen.

When an LCA is already certified

If the principal E‑3’s LCA was certified before the shutdown, that can remove the specific barrier for that filing. But:

• Any action that requires a new LCA (e.g., job location changes, wage adjustments) will still be blocked.
• Careful timing and planning are essential because small timing details can determine whether a case proceeds or stalls.

USCIS may allow late filings for “extraordinary circumstances” like a shutdown, but that relief only concerns deadlines — it does not create LCAs.

Two-fold systems squeeze

From a systems viewpoint, a shutdown creates a dual problem:

• Front end: OFLC pause blocks new LCA submissions and certifications.
• Back end: E‑Verify pause complicates onboarding and verification even for authorized hires.

Consequences for employers and families include lost income, missed deadlines, and ripple effects in project planning, childcare, and health coverage.

Impact on applicants and employers — examples and key points

Consider two scenarios:

1. Employer begins LCA process, but FLAG deactivates before certification.
   • LCA cannot be completed.
   • E‑3 petition and linked E‑3D work authorization are blocked.
   • Start dates, moves, and job offers must be postponed.
2. LCA was certified before the shutdown.
   • The E‑3 side can proceed where USCIS can act.
   • Any required new LCA will still be blocked if needed.

Key points to keep in mind:

• The Department of Labor halts immigration-related processing (including LCAs).
• FLAG is deactivated during shutdowns — no new filings or certifications.
• E‑3D work authorization stalls if it depends on an LCA.
• E‑Verify goes offline, affecting onboarding (separate from LCA issues).
• USCIS may excuse late filings caused by the shutdown, but that does not replace missing LCAs.
• Pre‑shutdown filing is the best risk-reduction tool.

Practical steps for employers

To reduce disruption:

• Map hiring plans well in advance of funding deadlines.
• Prepare and submit the LCA early — ideally before shutdown risk appears.
• Keep internal postings and wage records ready.
• Build contingency into start dates and project plans.
• Communicate clearly with candidates and families about timing risks.

Practical steps for E‑3 families

Families should:

• Ask employers about LCA timing as soon as an offer is made.
• Keep travel plans flexible when shutdown risk exists.
• Assume a pause if a spouse’s E‑3D authorization depends on a new/changed LCA.
• Track official updates to know when systems are available again.
• Keep documentation (emails, dated screenshots, notices) that demonstrate shutdown-related delays in case late‑filing forgiveness is requested.

System status and reopening

Official system status updates matter. The Foreign Labor Application Gateway’s status page and Department of Labor posts are the best sources for filing availability.

• When the government reopens, the return to normal is phased:
  • Systems come back up.
  • Staff return.
  • Case queues begin to move, but backlogs are common.
• Employers and families should plan for delayed certification timelines even after reopening.

For official system status and filing access, check the Department of Labor’s Foreign Labor Application Gateway portal at the start and end of a shutdown. The official webpage for the Foreign Labor Application Gateway (FLAG) provides direct updates about system availability and filing functions.

Final summary — the core rule

• No Department of Labor certification = no new E‑3D employment authorization approvals that depend on that certification.
• FLAG is offline during a shutdown, so no new LCA filings or certifications happen.
• USCIS remains open but cannot approve what lacks a certified LCA.

When the Department of Labor resumes, FLAG comes online, LCAs can be filed and certified, and the E‑3/E‑3D pipeline restarts. The first days after reopening usually bring a surge of filings; those who prepared in advance move faster, while late starters face longer queues.

Practical closing checklist:

1. Ask employers to prioritize LCA filings as soon as an E‑3 job offer is firm.
2. Build flexibility into start dates and travel plans when a shutdown is possible.
3. Keep records showing how a shutdown affected your timeline.
4. Watch for USCIS notices about deadline flexibility, but remember those do not replace the need for a certified LCA.