Will USCIS Process H-1B Change-of-Employer Petitions During Shutdown?

(UNITED STATES) As of October 1, 2025, USCIS is set to continue processing H-1B petitions during a federal government shutdown because the agency runs on applicant fees rather than congressional appropriations. That includes H-1B change of employer filings already in the pipeline. But there’s a key catch for brand-new cases: many fresh filings depend on steps handled by other agencies that may be closed during a shutdown, which can stall the process even if USCIS remains open.

According to analysis by VisaVerge.com, the distinction is simple but important for workers and employers. Petitions that were properly filed before the shutdown should keep moving at USCIS. New H-1B petitions that still need a certified Labor Condition Application (LCA) from the Department of Labor could be stuck until the government reopens. In short, the lights stay on at USCIS, but some doors elsewhere may be locked.

Why USCIS Can Keep Working During a Shutdown

USCIS is a fee-funded agency, meaning it uses the money paid with applications to keep services running. That funding model allows the agency to continue processing H-1B petitions during a shutdown.

This continued operation covers a wide range of filings, including:

• Extensions
• Amendments
• Change of employer petitions that were already submitted and receipted before the funding lapse

For workers and companies who filed before the shutdown, this provides real peace of mind: cases can continue through intake, background checks, adjudication, and approvals even as other parts of the federal government pause.

The practical limit: other agencies

Many new H-1B filings depend on documents and certifications from other agencies—most commonly the LCA from the Department of Labor. If the Department of Labor’s systems are not operating during the shutdown, employers cannot obtain a certified LCA, and without that certification, they cannot file the H-1B petition at USCIS.

• The LCA is filed on the Department of Labor’s Form ETA-9035 and submitted through the FLAG system.
• If your employer does not already have a certified LCA, the petition will likely have to wait until Labor resumes processing.

You can review the LCA form details on the Department of Labor’s official page for Form ETA-9035.

Impact on Workers Changing Employers

U.S. immigration law includes a portability rule that helps workers change employers without long employment gaps.

If a new employer files a non-frivolous H-1B petition on your behalf, you may begin working for that employer as soon as the petition is filed—or on the requested start date listed in the petition, whichever is later.

How this plays out during a shutdown:

1. If the new employer files your H-1B change of employer petition before or during the shutdown and it’s properly filed, you can start work as of filing (or the later requested start date). Your work authorization continues while the petition is pending.
2. If USCIS later denies the petition, your employment authorization for that role ends immediately upon denial—you must stop working for the new employer at once.
3. If the employer can’t file because the LCA is not certified due to the shutdown, you cannot start with the new employer until the petition is filed and received by USCIS (or the later requested start date).

The difference between “filed” and “ready to file” affects rent, school schedules, project timelines, relocations, and more. For example, a software engineer who has arranged housing and childcare for a move may need to pause plans if the LCA isn’t certified.

Key Forms, Filings, and Fees

• H-1B petitions are usually submitted on Form I-129, the petition for a nonimmigrant worker.
• Ensure the petition package is complete, correct, properly signed, and includes the certified LCA.
• USCIS explains Form I-129 and its rules on its official page for Form I-129.

Important fee update:

• As of September 21, 2025, new H-1B petitions must include a $100,000 payment.
• This applies to change of employer petitions filed after that date.
• Employers—especially small and mid-sized firms—must budget for this cost. It may influence hiring timelines, offer structures, and whether startups pursue alternate visa routes.

Three-Step Checklist for Workers Switching Employers

1. LCA availability
   • Can the employer secure a certified LCA right now? If the Department of Labor is affected by the shutdown, this step may be blocked.
2. Filing the petition
   • Once the certified LCA is in hand, the employer files the H-1B change of employer petition with USCIS on Form I-129, including all required fees and supporting evidence.
3. Start date and status
   • The worker can begin on the filing date or the requested start date, whichever is later, and may continue working while the case is pending. If the petition is denied, work must stop immediately.

Practical Steps to Reduce Risk and Delays

• Confirm whether the LCA is already certified before setting a final start date.
• Keep proof of the petition’s filing—courier receipts and the USCIS receipt notice are essential.
• Track travel plans carefully. International travel while a change of employer petition is pending can introduce extra risk, especially during a shutdown.
• Plan for the $100,000 payment for any H-1B petition filed on or after September 21, 2025.
• Employers should prepare LCA submissions early and keep a checklist for H-1B packets.
• Workers should provide accurate credentials, job details, and start-date plans promptly.

What Continues vs. What May Pause

• Existing H-1B workers with extensions or amendments filed before the shutdown should see those cases continue moving at USCIS. This helps with leases, school registrations, and travel planning.
• New filings that require a certified LCA and cannot obtain one because the Department of Labor is closed will likely be delayed until the government reopens.

VisaVerge.com reports that even with USCIS operations continuing, shutdowns can ripple through hiring cycles. HR teams may shift onboarding schedules, and workers may need to negotiate temporary arrangements with current employers. Clear communication reduces the chance of gaps in pay or project disruptions.

Where to Check for Updates

Because shutdown operations can change quickly, monitor official resources:

• USCIS operational updates and guidance: USCIS.gov
• Department of Labor updates on LCA availability and FLAG system status: see Form ETA-9035

Big picture: USCIS will keep processing H-1B petitions during a shutdown, including change of employer filings already in queue. New filings that need an LCA may need to wait until the government reopens. For those changing jobs, you may start after filing—unless and until a denial ends that permission to work.

If you’re unsure how these rules apply to your situation, consult a qualified immigration attorney. Employers and workers who prepare LCAs early, assemble complete H-1B packets, and communicate closely can reduce delays and protect start dates when shutdowns occur.