US Citizenship and Immigration Services (USCIS) recently alerted that it will continue processing visa applications for select candidates despite the ongoing government shutdown. On October 1, 2025, the federal government began a shutdown after Republicans and Democrats failed to reach an agreement to pass a bill funding government services into October and beyond. In an update, the immigration authority said “We recognize that the shutdown may affect a petitioner’s ability to get required documentation (such as a labor condition application or a temporary labor certification from the U.S. Department of Labor), which may delay their ability to file Form I-129 or Form I-129CW”.“We will process H-1B, H-2A, and H-2B related Form I-129 petitions and CW-1 related Form I-129CW petitions during the government shutdown,” the agency added.

Govt shutdown an “extraordinary circumstance”: USCIS

In the statement, the authority said that it will consider the ongoing government shutdown an extraordinary circumstance which is beyond the petitioner’s control to determine whether to “excuse their failure to timely file the extension of stay or change of status request”. The agency further reiterated that it will continue monitoring the situation closely and publish additional guidance if needed.

Here’s what USCIS said in the update

ALERT: USCIS will process H-1B, H-2A, and H-2B related Form I-129 petitions and CW-1 related Form I-129CW petitions during the government shutdown. We recognize, however, that the shutdown may affect a petitioner’s ability to get required documentation (such as a labor condition application or a temporary labor certification from the U.S. Department of Labor), which may delay their ability to file Form I-129 or Form I-129CW. If an H-1B, H-2A, H-2B, or CW-1 petitioner meets all other applicable requirements and submits evidence establishing that the primary reason they did not timely file an extension of stay or change of status request was due to the government shutdown, we will consider the government shutdown an extraordinary circumstance beyond the petitioner’s control when we determine whether to excuse their failure to timely file the extension of stay or change of status request. We will monitor the situation closely and publish additional guidance if needed. Find additional information in Vol. 2, Part A, Chapter 4 of the USCIS Policy Manual.