(UNITED STATES) Employers and workers seeking fast decisions on H-1B petitions can keep using USCIS premium processing during the ongoing government shutdown, which began October 1, 2025. United States Citizenship and Immigration Services is largely funded by filing fees and is expected to continue core case work, including premium service, even as other parts of the federal government pause.
The premium processing fee is still being accepted, and USCIS will continue to offer a 15-calendar-day adjudication window for eligible filings. But applicants should brace for collateral delays: critical steps that rely on the Department of Labor (DOL), especially Labor Condition Applications (LCAs), may slow the overall timeline for H-1B cases despite USCIS operations moving ahead.
How premium processing works now
USCIS premium processing, requested via Form I-907, promises quicker action once a petition is properly filed and receipted. Key details:
- The premium fee is $2,805 (as of recent fee updates).
- USCIS will issue an approval, denial, Request for Evidence (RFE), Notice of Intent to Deny (NOID), or open an investigation within 15 calendar days.
- If USCIS misses that deadline, the agency refunds the premium fee and continues expedited handling.
That safeguard remains in place during the shutdown. You can file Form I-907 online or by mail; the form instructions are available on the official USCIS page for Form I-907, Request for Premium Processing Service.
The DOL bottleneck: why premium processing isn’t the whole story
The H-1B system requires more than USCIS action. The DOL manages:
- LCA submission and certification, which is mandatory for H-1B petitions
- Prevailing wage determinations and related wage guidance
During a government shutdown, agencies that depend on annual appropriations—like the DOL—may scale back or halt services. If the DOL cannot accept or certify LCAs, employers cannot complete H-1B petition packages, which must include an approved LCA. Even though USCIS premium processing may remain available, a blocked LCA pipeline means fewer petitions reach USCIS in the first place.
USCIS has historically continued fee-funded case work during shutdowns, but staffing can be reduced and cross-agency tasks slowed. Programs that rely on appropriations—such as E-Verify—may be suspended, disrupting onboarding and work-authorization checks for new hires.
The shutdown’s ripple effects do not spare immigration just because one agency keeps its lights on.
What this split reality means for employers and workers
- USCIS premium processing remains a lifeline for time-sensitive cases already ready to file.
- Any prerequisite step that depends on the DOL can cause bottlenecks before a petition reaches USCIS.
- Applicants may see premium timelines honored once USCIS receipting occurs, yet still experience pre-filing delays that stretch overall case completion beyond 15 days.
USCIS has at times suspended premium service in the past (notably for H-1B cap filings), but no premium suspension has been announced in connection with the 2025 shutdown. That distinction matters: a planned agency pause differs from a shutdown-related interruption.
Premium service specifics and filing links
- The H-1B petition is filed on [Form I-129, Petition for a Nonimmigrant Worker].
- Premium processing is requested with
Form I-907, which can be filed together with the I-129 or later to upgrade a pending case. - Once USCIS accepts the filing and issues receipt notices, the 15-day premium timeline applies.
Practical steps during the shutdown
Employers and attorneys can reduce risk with a few focused moves:
- File LCAs as early as possible.
- Prepare complete petition packages in advance so a certified LCA can be turned into a filing immediately.
- Use premium processing when timing is tight — the $2,805 fee may be justified for urgent roles.
- Watch for USCIS receipts and respond quickly to RFEs.
- Plan for E-Verify downtime and build alternative onboarding options consistent with federal guidance.
Additional practical notes:
- If the DOL portal is intermittent, early LCA submission helps avoid backlog once systems resume normal operation.
- Premium cases can still receive RFEs; quick, thorough replies are essential to maintain the expedited cadence.
- For consular processing, visa appointment availability abroad can further extend timelines even if USCIS adjudicates swiftly.
Who will be most affected
- Extensions that do not require new LCAs may move faster and benefit more fully from premium service.
- New H-1B petitions requiring fresh LCAs—such as cap-exempt hires at universities or research entities—face the most significant pre-filing delays.
- Employers relying on E-Verify for onboarding will need contingency plans during suspensions.
Legal and compliance points that don’t change
- The legal standards for H-1B specialty occupation roles remain unchanged. Petitioners must still show:
- The job meets degree requirements.
- The beneficiary has the required qualifications.
- Wage obligations tied to certified LCAs continue.
- Site visits and compliance checks still occur, though coordination timing may vary.
Guidance for workers and families
- Ask your employer about your LCA status.
- If your LCA has cleared and the H-1B petition has a USCIS receipt, premium processing should proceed.
- If you receive an RFE, respond quickly and completely.
- If overseas awaiting stamping, check local consulate schedules and secure a visa appointment before making travel plans.
VisaVerge.com notes that many employers used premium processing effectively in earlier disruptions to secure decisions on pending cases while new filings lagged due to LCA roadblocks. That pattern is likely to repeat: advance DOL steps early, then leverage premium processing when USCIS is ready to adjudicate.
Risk and refund protection
Applicants sometimes ask whether paying the premium fee during a shutdown is risky. The refund policy mitigates that risk:
- If USCIS fails to act within 15 calendar days, it refunds the premium fee and continues expedited handling.
- This refund promise makes premium processing a rational choice when weeks matter for project launches, client contracts, or academic calendars.
Monitoring and final takeaway
- Keep watch for USCIS announcements. In past years the agency has occasionally paused premium processing for certain H-1B categories, but there is no current announcement of such a pause for the 2025 shutdown.
- If circumstances change, USCIS would post a formal notice on its website.
The bottom line for this government shutdown: USCIS premium processing is available, the fee is being accepted, and the 15-day decision window still applies once USCIS issues a receipt. The main hazard sits upstream with the Department of Labor. If LCAs stall, H-1B petitions cannot be filed and the premium clock cannot start. Employers and workers who plan ahead, assemble complete filings, and use premium processing thoughtfully will be best positioned to keep cases moving despite the circumstances.
Frequently Asked Questions
This Article in a Nutshell
USCIS is continuing to accept premium processing for H-1B petitions during the government shutdown that began October 1, 2025. The premium fee ($2,805) remains payable and USCIS maintains a 15-calendar-day adjudication promise for eligible filings once the agency issues a receipt. Crucially, the Department of Labor controls Labor Condition Applications (LCAs) and prevailing wage determinations; if the DOL scales back during the shutdown, LCAs may be delayed, preventing H-1B petitions from being filed and starting the premium clock. Employers should file LCAs early, prepare complete petition packets, and use premium processing when timing is critical. If USCIS misses the 15-day deadline it refunds the premium fee and continues expedited review. E-Verify and other appropriation-dependent programs may be suspended, requiring contingency onboarding plans.
