This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
U.S. Citizenship and Immigration Services (USCIS) announced that it will process H-1B, H-2A and H-2B-related Form I-129 petitions and CW-1-related Form I-129CW petitions during the federal 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 government shutdown was the primary reason they did not timely file an extension of stay or change of status request, USCIS will consider the government shutdown an “extraordinary circumstance beyond the petitioner’s control” when it determines whether to excuse the failure to timely file.
USCIS said it will monitor the situation and publish additional guidance if needed.
