The U.S. Citizenship and Immigration Services (USCIS) has announced that it will continue processing H-1B, H-2A, H-2B, and CW-1 petitions during the government shutdown. However, employers and petitioners should be aware that the shutdown may delay access to required Department of Labor (DOL) certifications, which could affect the timely filing of petitions such as Form I-129 and Form I-129CW.
If the primary reason for an untimely filing is related to the government shutdown, USCIS may consider it an extraordinary circumstance beyond the petitioner’s control. In such cases, USCIS may exercise discretion to excuse the delay when all other eligibility requirements are met.
USCIS has stated that it will monitor the situation and issue additional guidance if necessary.
This update is outlined in Volume 2, Part A, Chapter 4 of the USCIS Policy Manual.
NPZ Law Group Is Here to Help
The attorneys at Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely monitor federal updates impacting employers and foreign workers. Our team remains ready to assist with:
- Timely filing and extension of H-1B, H-2A, and H-2B petitions
- Documentation challenges caused by the government shutdown
- Legal strategies for maintaining compliance with U.S. immigration regulations
For questions or assistance, please contact our offices at 201-670-0006 or email info@visaserve.com.