Article Summary

USCIS has announced a potential waiver for H-1B, H-2A, H-2B, and CW-1 petitioners who experience delays in filing extension or change of status requests due to the ongoing federal government shutdown. Petitioners must provide evidence that the shutdown was the primary reason for their inability to file timely, particularly concerning difficulties in obtaining Department of Labor documents like LCAs. While existing LCAs can be used, new filings requiring DOL action are impacted.

TNP AI: Key Insights

This announcement is critical for H-1B visa holders and their employers, as it offers a potential lifeline against falling out of status due to circumstances beyond their control during a government shutdown. It underscores the importance of meticulously documenting any delays caused by agency closures.

Normally, USCIS strictly enforces filing deadlines, and missing them can lead to severe immigration consequences. This waiver provides a rare exception, recognizing the practical challenges posed by a government shutdown on obtaining essential documents like Labor Condition Applications (LCAs) from the Department of Labor. For employers, this means a need to diligently track and document every step of the filing process and any shutdown-related impediments.

While the waiver offers relief, immigration experts advise proactive measures, such as filing for an interim status (e.g., B-2, H-4) if an I-94 is expiring, rather than solely relying on USCIS's discretion. This strategy helps maintain legal status and can be withdrawn once the H-1B application is successfully filed after the shutdown, highlighting the ongoing need for strategic planning amidst policy uncertainties.