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October 17th, 2025
We have excellent news to share with our H-1B clients!
Despite the current government shutdown, USCIS has announced that it plans to continue processing all H-1B petitions without interruption.
While H-1B1 and E-3 cases require a labor condition application, USCIS has not specifically stated how it plans to process these applications if they are impacted due to DOL delays.
USCIS Shows Understanding and Flexibility
Even more encouraging, USCIS has demonstrated compassion and understanding by recognizing that petitioners may face delays in obtaining required Department of Labor documentation, such as labor condition applications, during the shutdown. If you experience such delays, USCIS may consider the government shutdown an extraordinary circumstance beyond your control when reviewing your case.
What This Means for You
- Your H-1B petition should be processed despite the shutdown.
- USCIS has indicated its intent to show leniency if DOL delays affect your filing timeline.
- H-1B1 and E-3 petitions may still experience delays depending on how USCIS chooses to interpret this guidance.
Our team continues to monitor the situation closely and will keep you informed of any updates. If you have concerns about your case or potential delays in obtaining required documentation, please don't hesitate to reach out to us.
Next Steps
We’re here to help. Please contact our office if you have an urgent H-1B, H-1B1, or E-3 petition, but you cannot obtain necessary DOL documentation.