Dear Clients and Friends,
The federal government shutdown continues, and its effects across immigration systems and many others are being felt.
What's New:
- USCIS remains open (filing fees funded)
However, we're seeing processing delays. Additionally, it has issued new guidance indicating it may exercise discretion for late H-1B filings if the delay result from the inability to file the LCA as a result of the DOL shutdown.
This relief isn't automatic—strong documentation is essential, and questions remain about how the policy will be applied in practice. Still, it's a welcome light in the current uncertainty. Specifically, if a petitioner is unable to timely file an extension of stay or change of status, USCIS will treat the shutdown as an extraordinary circumstance beyond the petitioner's control.
- E-Verify is back online.
After a weeklong suspension, E-Verify has been restored. Employers should act quickly to bring their records up to date and maintain compliance.
HR Action Steps:
- Run all backlogged verifications for hires made during the outage (Oct. 1–7) as soon as possible.
- Use the correct reason code ("Other – E-Verify Not Available") when entering delayed cases.
- Document the outage period in onboarding files to show good-faith compliance if audited later.
- Review onboarding workflows to ensure no one began work before Form I-9 completion, and retrain team members if needed.
On other fronts:
- DOL remains closed — no LCAs, PERMs, or prevailing wage requests are being processed, halting H-1B and green card filings.
- DOS/Consulates continue operating, but visa interviews are delayed or canceled as resources tighten and uncertainties continue on the added $100K H-1B fee.
The next potential flashpoint is October 24, when another missed federal pay period may heighten pressure for a deal.
Like a sunflower turning toward the light, immigration keeps moving — even in times of uncertainty. With preparation and collaboration, we'll continue to find clarity and direction together. 🌻
With appreciation and optimism,
Giselle
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
