Every time a funding deadline approaches, people with pending immigration cases ask the same question: will a government shutdown stop USCIS? The answer depends on which agency your case is with and how that part of the government is paid for.
As of October 29, 2026, there is no lapse. This guide explains the current funding deadline, what USCIS has said happens during a lapse, and where the real delays tend to show up.
- Public Law 119-103, signed September 2, 2026, funds the government through December 11, 2026, including DHS and the Department of Labor.
- In its 2018 lapse notice, USCIS said fee-funded activities continue and offices stay open.
- USCIS listed E-Verify, the EB-5 regional center program, the Conrad 30 deadline and non-minister religious workers as affected in 2018.
- Every H-1B petition needs a certified LCA from DOL before it is filed.
- After a past lapse, DOL's foreign labor certification office announced it had resumed processing and warned of longer response times.
- USCIS may excuse a late extension filing caused by extraordinary circumstances beyond the petitioner's control.
Is the government funded right now?
Yes, until December 11, 2026. Public Law 119-103, signed September 2, 2026, provides "continuing appropriations and extensions for fiscal year 2027." It funds projects and activities under the fiscal year 2026 appropriations acts, including "the Homeland Security and Further Additional Continuing Appropriations Act, 2026" and "the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2026." That funding lasts until new appropriations are enacted or "December 11, 2026," whichever comes first (Public Law 119-103, secs. 101 and 106).
Does USCIS keep working in a shutdown?
Mostly. In its archived 2018 lapse notice, USCIS said "the current lapse in annual appropriated funding for the U.S. government does not affect USCIS's fee-funded activities. Our offices will remain open, and all individuals should attend interviews and appointments as scheduled." It added that "USCIS will continue to accept petitions and applications for benefit requests, except as noted below" (USCIS, Lapse in Federal Funding Does Not Impact Most USCIS Operations, Dec. 22, 2018, archived).
USCIS marks that page as archived and says "the information on this page is out of date." It is still the clearest statement of how the agency handled a lapse, but check for a current notice if one happens.
What USCIS programs were affected?
USCIS explained that "some USCIS programs, however, will either expire or suspend operations, or be otherwise affected, until they receive appropriated funds or are reauthorized by Congress." In 2018 it listed four (same):
| Program | 2018 effect |
|---|---|
| EB-5 Regional Center Program | Affected; "The EB-5 Program will continue to operate" |
| E-Verify | Affected |
| Conrad 30 Waiver Program for J-1 doctors | "The expiration only affects the date by which the J-1 doctor must have entered the U.S." |
| Non-minister religious workers | Affected |
Which programs are affected depends on which authorizations are tied to the funding at the time, so the list can differ in a future lapse.
Why is DOL the bigger risk?
Because DOL's foreign labor certification office has stopped processing in past lapses, and several immigration steps cannot happen without it. After a past lapse, DOL announced that it "has resumed processing of employer requests for prevailing wages and labor certification determinations for temporary and permanent employment in the United States," and that its FLAG system "is now accessible and permits system users to prepare and submit new applications" (DOL FLAG, OFLC Resumed Application Processing). The notice warned that "some stakeholders may experience longer than normal processing and response times."
- PERM labor certifications. Pending cases wait, and new ones cannot be filed while FLAG is down. Our PERM process step by step guide explains where PERM sits in the green card timeline.
- Prevailing wage determinations needed before PERM.
- H-1B labor condition applications. "Before filing a petition for H-1B classification in a specialty occupation, the petitioner must obtain a certified labor condition application from the Department of Labor" (8 CFR 214.2(h)(4)(i)(B), eCFR).
What does that mean for H-1B extensions and changes?
They can be held up if they need a new LCA. The H-1B regulation says that when a new requested period exceeds the validity of the LCA already submitted, "the petitioner must submit a certified labor condition application with a new validity period" (8 CFR 214.2(h), eCFR). The same is true for a move to a new worksite that requires a new LCA; our guide to when an H-1B amendment is required covers those cases.
If a lapse delays an extension past the expiration of status, the regulation provides a possible safety valve. USCIS "may excuse the late filing in its discretion where it is demonstrated at the time of filing that" the "delay was due to extraordinary circumstances beyond the control of the applicant or petitioner, and USCIS finds the delay commensurate with the circumstances," that the person "has not otherwise violated their nonimmigrant status," remains "a bona fide nonimmigrant," and is not in removal proceedings (8 CFR 214.1(c)(4), eCFR). That relief is discretionary, so it is better not to rely on it.
Do USCIS deadlines pause during a shutdown?
Do not assume they do. Because USCIS keeps operating on fees, the deadlines printed on its notices still matter. A request for evidence "will indicate the deadline for response," and the regulation caps the period: it shall not "exceed twelve weeks," and a notice of intent to deny shall not "exceed thirty days" (8 CFR 103.2(b)(8)(iv), eCFR). The regulation does not add extra time for a funding lapse. If your response depends on a document from an agency that has stopped work, such as a DOL determination, explain that in your response and send what you can by the deadline. Our guide to responding to an RFE covers how to structure a response when some evidence is unavailable.
The same caution applies to your own status. Nothing in the rules above extends an I-94 or a work permit because of a funding lapse, so keep track of those dates and file what you can on time.
How can you prepare for a possible lapse?
- Note the current deadline: December 11, 2026.
- If you need a new LCA or a prevailing wage determination soon, ask your employer to file before the deadline.
- Keep USCIS appointments, since USCIS has said offices stay open in a lapse.
- Keep records of any delay caused by DOL, in case a filing ends up late.
- Check DOL's FLAG site and USCIS's alerts for current notices if a lapse begins.
What about processing times after a lapse?
Expect a backlog at DOL, at least. DOL's own notice after a past lapse anticipated "increased requests for stakeholder assistance" and longer response times (DOL FLAG). USCIS's fee-funded work continues, but cases that depend on a DOL step, such as an I-140 that needs an approved PERM, move only as fast as DOL. Our guide to USCIS processing times explains how to read the published figures.
What this means for you
- A shutdown does not stop most USCIS filings, interviews or decisions.
- The main risk is at DOL: PERM, prevailing wages and H-1B LCAs.
- Plan DOL filings ahead of the December 11, 2026 deadline.
- Watch for official notices rather than social media rumors.
- If a lapse forces a late filing, document the reason.
Where to start
If repeated DOL delays are slowing your green card, our free evaluation at /evaluate/ checks whether EB-1A or the NIW, which skip PERM, fit your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 29, 2026.
- Public Law 119-103 (GovInfo). Continuing appropriations through December 11, 2026, including DHS and Labor.
- USCIS, Lapse in Federal Funding Does Not Impact Most USCIS Operations (Dec. 22, 2018, archived). Fee-funded operations; affected programs.
- DOL FLAG, OFLC Resumed Application Processing. Resumption after a lapse; longer response times.
- 8 CFR 214.2(h) (eCFR, current text). Certified LCA required before H-1B filing; new LCA for longer periods.
- 8 CFR 103.2(b)(8)(iv) (eCFR, current text). RFE and NOID response deadlines.
- 8 CFR 214.1(c)(4) (eCFR, current text). Late extension filings excused for extraordinary circumstances.
Frequently asked questions
Does USCIS shut down during a government shutdown?
Mostly no. USCIS's 2018 notice said a lapse in appropriated funding does not affect its fee-funded activities, that offices remain open and that people should attend interviews and appointments as scheduled. Programs that depend on appropriated funds or reauthorization, such as E-Verify in 2018, can be suspended until Congress acts.
Is there a government shutdown right now?
No. As of October 29, 2026, Public Law 119-103 provides continuing appropriations through December 11, 2026, including for the Department of Homeland Security and the Department of Labor. A lapse could happen after that date if Congress does not pass new funding. Check official announcements as the deadline approaches.
Can I file an H-1B petition during a shutdown?
Only if your employer already has a certified LCA. The regulation requires a certified labor condition application from the Department of Labor before an H-1B petition is filed. If DOL's labor certification office stops processing during a lapse, new LCAs cannot be certified, which can delay new petitions, extensions and amendments that need a new LCA.
What happens to PERM during a shutdown?
DOL's foreign labor certification office has stopped processing during past lapses. After one, it announced it had resumed processing prevailing wage requests and labor certifications and warned that some stakeholders may see longer than normal processing and response times. PERM cases already in the queue would wait longer, and new filings would be delayed.
What if a shutdown makes my extension late?
The regulation lets USCIS excuse a late extension filing in its discretion if the delay was due to extraordinary circumstances beyond the applicant's or petitioner's control, the delay is commensurate with those circumstances, and the person has otherwise maintained status. Keep records showing why the filing was late, such as proof that an LCA could not be obtained.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
