NIW EB-2 Petitions Continue to Process During Federal Shutdowns

(UNITED STATES) As of October 1, 2025, U.S. Citizenship and Immigration Services is continuing core operations through a potential federal government shutdown, including the receipt and adjudication of EB-2 National Interest Waiver (NIW) cases.

Because USCIS is primarily funded by filing fees rather than annual congressional appropriations, officials keep most casework moving even when many federal offices scale back. That means USCIS processing for NIW petitions under EB-2 remains in place, and applicants can file, respond to notices, and receive decisions during a lapse in federal funding.

Why USCIS often continues work during shutdowns

USCIS has a long track record of staying open when Congress and the White House face budget standoffs. The agency’s fee-funded model allows examiners to:

• Continue evaluating petitions
• Issue Requests for Evidence (RFEs)
• Approve or deny cases

According to analysis by VisaVerge.com, historic shutdowns have not stopped EB-2 NIW adjudications, and current planning points to the same outcome if a funding gap occurs this fall. While people understandably worry about delays when other parts of the government close, USCIS officers typically keep the core pipeline moving.

Premium processing and notices

• Premium processing remains available for employment-based immigrant petitions unless USCIS announces a specific pause.
• For EB-2 NIW filers using Form I-140, Immigrant Petition for Alien Worker, premium processing is an optional, paid service that places certain filings on a faster track.
• As of now, there is no indication of a suspension. If USCIS adjusts premium processing during a shutdown, the agency normally posts an alert.
• Applicants should watch their receipt notices and any formal updates closely.

Programs that may pause and effects

Some related programs outside the fee-funded stream can pause. The most common example is E-Verify, the digital system employers use to confirm work authorization for new hires. DHS has previously suspended E-Verify during shutdowns because it depends on appropriated funds.

• If E-Verify pauses, it does not stop EB-2 NIW adjudications, but it can affect hiring timelines and onboarding steps for employers.
• For official status updates, see E-Verify.

Important: E-Verify downtime affects employer verification and onboarding, not the adjudication of EB-2 NIW petitions.

Policy operations during a shutdown

• USCIS stays open: The agency continues to accept and process EB-2 NIW filings because it relies on application fees, not annual appropriations.
• Mail and notices continue: Receipt notices, RFEs, and decisions keep going out, subject to postal service schedules and local office operations.
• Interviews and biometrics proceed: These appointments generally continue unless a local office closure is announced. Keep an eye on your appointment letter and the USCIS office status page for local updates.
• E-Verify may pause: Employer verification tools can go offline, but this has no direct effect on EB-2 NIW adjudication.

Should you file now or wait?

The practical answer is simple: EB-2 NIW cases can be filed during a shutdown with no special hold. If your evidence is ready, you can submit your petition as planned.

If you prefer premium processing for your Form I-140:

1. File Form I-140 with the required fee and supporting evidence.
2. Include Form I-907, Request for Premium Processing Service with the required fee to request premium processing.
3. Follow the service request instructions on your receipt notice.

If you plan to adjust status in the United States after your priority date is current, you can still prepare Form I-485, Application to Register Permanent Residence or Adjust Status, but remember that the adjustment stage follows visa number availability rather than shutdown timing.

Practical steps for EB-2 NIW filers

• File Form I-140, Immigrant Petition for Alien Worker for an NIW with the correct fee, signatures, and evidence. Link: Form I-140, Immigrant Petition for Alien Worker
• If you want faster processing for your I-140, include Form I-907, Request for Premium Processing Service. Link: Form I-907, Request for Premium Processing Service
• If you are in the United States and a visa number is available for your category and country, consider filing Form I-485, Application to Register Permanent Residence or Adjust Status. Link: Form I-485, Application to Register Permanent Residence or Adjust Status

Filing and evidence tips

While a shutdown does not stop EB-2 NIW adjudication, applicants should build in routine cushions:

• Mailroom intake can run at normal speed, but holidays, heavy filing windows, or local conditions can slow delivery.
• Use trackable shipping, keep copies of all filings, and save delivery confirmations.
• If you receive an RFE, note the deadline on the notice itself; USCIS has not announced any automatic deadline extensions tied to a potential shutdown, so respond by the date listed.

Avoid common filing mistakes that can cause avoidable slowdowns. Double-check that your evidence clearly addresses the NIW test:

• The importance of the proposed work to the United States
• Your record of success and impact
• Why waiving the job offer and labor certification serves the national interest

Strong documentation helps officers decide cases efficiently, regardless of the broader budget climate.

Employer considerations

For employers planning to hire a foreign national with an EB-2 NIW:

• The NIW waives the labor certification based on the proposed endeavor’s importance and the applicant’s ability to advance it.
• During a shutdown, you can still recruit and prepare onboarding steps, but E-Verify downtime may require temporary adjustments.
• DHS has historically provided guidance on I-9 completion and E-Verify timing after the system returns. Keep clear records to protect both the company and the worker.

Applicants abroad and consular processing

Applicants abroad should expect consular sections to operate under State Department policies, which are outside USCIS control. Key points:

• USCIS continuing fee-funded work can still advance your petition to the National Visa Center once approved.
• If your case reaches the visa interview stage, monitor embassy or consulate notices for any local adjustments.

Why this matters

The human stakes around EB-2 NIW cases are high: research projects, startup launches, and public-interest work often hinge on steady case progress. The continuity of USCIS processing during shutdown periods matters for:

• Scientists expanding public health tools
• Engineers building infrastructure resilience
• Educators rolling out nationwide programs

When people’s lives and careers are on the line, predictability helps. This is one area where fee funding provides a buffer against broader political gridlock.

Final guidance and monitoring

• USCIS has not indicated any special halt on EB-2 NIW reviews tied to a shutdown, and historic practice supports continued adjudication.
• If the agency issues any targeted changes, it typically posts updates quickly.
• Check the official USCIS website for current alerts and form editions.
• Keep your address current with USCIS, watch your case status online, and follow the instructions on notices you receive.