Many H-2B Visa Program employers and workers are asking how a federal government shutdown affects the H-2B visa process. Here’s a clear breakdown:
USCIS (U.S. Citizenship and Immigration Services)
USCIS operations are largely funded by application fees, so most functions — including processing of H-2B petitions (Form I-129) — will continue during a shutdown.
However, if an employer cannot submit required documentation such as a labor certification because of government closures, USCIS may consider that an “extraordinary circumstance” and provide flexibility.
Department of Labor (DOL)
This is where the biggest impact will be felt. The Office of Foreign Labor Certification (OFLC) relies on congressional appropriations and pauses operations during a shutdown.
That means labor certifications, prevailing wage determinations, and access to the FLAG filing system are suspended until funding resumes. No new applications will be reviewed or approved during that time.
U.S. Consulates (Department of State)
Consular services are generally funded through fees, so visa interviews and issuance can continue. However, some posts may experience staffing limitations or delays.
What This Means for H-2B Employers and Workers
- Expect delays and backlogs, especially for labor certifications and wage determinations.
- USCIS should continue accepting and processing petitions if supporting documents are already in place.
- Keep detailed records of any delays caused by the shutdown — they may help justify late filings or requests for flexibility.
- Once the shutdown ends, DOL is expected to face a surge in pending applications, which may cause additional processing delays.
At Aztec Labor, we’re closely monitoring these developments to keep our clients informed and minimize disruptions to their H-2B workforce needs.
If you rely on H-2B workers, now is the time to prepare for possible delays and ensure all documentation is ready as early as possible. Contact us if you have questions about your filing strategy!