The ongoing federal government shutdown has temporarily disrupted several Department of Labor (DOL) services, including the Labor Condition Application (LCA) system, which is currently unavailable. This interruption has affected employers’ ability to file H-1B, H-2A, H-2B, and CW-1 petitions that require DOL certification before submission to USCIS.

✅ Key USCIS Update

USCIS has issued official guidance clarifying how it will handle these cases during the shutdown:

• • USCIS will continue to process H-1B, H-2A, H-2B, and CW-1 related Form I-129 petitions, despite the shutdown.
  • If you are unable to timely file an H-1B extension or change of status due to the LCA system outage, USCIS will consider this an extraordinary circumstance beyond your control.
  • Late filings may be excused if you can demonstrate that the delay was caused by the shutdown.

Reference: USCIS Policy Manual, Vol. 2, Part A, Chapter 4

⚖️ Our Guidance

Our firm is closely monitoring this situation and is assisting employers in documenting the impact of the shutdown on their H-1B and other immigration filings.

If your company is affected or needs to file an H-1B extension, amendment, transfer, or new petition, we encourage you to contact our office immediately for case-specific guidance.