After U.S. President Donald Trump and Congress failed to reach a funding deal by Wednesday’s deadline, the government entered a shutdown.
As a result, hundreds of thousands of federal employees face furloughs, and many offices will remain closed. H-1B visas will also face a pause until the shutdown ends, according to immigration attorney Nicole Gunara.
Gunara explained that H-1B visa filings will not move forward until Congress approves federal funding allocations.
She outlined the process, which begins with the filing of a Labor Condition Application (LCA) with the Department of Labor (DOL). Once the LCA is certified, the sponsoring company can then file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS). While USCIS continues operating on filing fees and is not affected by the shutdown, the DOL relies on congressional funding and will halt immigration-related work until a funding bill is passed.
“This means no one can obtain a new H-1B, transfer to another employer, or change status to H-1B unless their LCA was already certified and downloaded before today,” Gunara said. “Anyone without a certified LCA will have to wait until the government reopens for their H-1B process to continue.”
The H-1B visa program, heavily used by the U.S. technology sector to hire skilled workers from India and China, has faced heightened scrutiny.
Just last month, Trump imposed a steep new annual fee of $100,000 on applicants, up sharply from the previous $215.
In addition, his administration announced plans to scrap the lottery system in favor of a weighted selection process, with priority given to applicants in the highest of four wage levels, as proposed by the Department of Homeland Security.
Meanwhile, the U.S. Embassy in India posted on X, “At this time, scheduled passport and visa services in the United States and at U.S. Embassies and Consulates overseas will continue during the lapse in appropriations, as the situation permits.”
During a government shutdown, federal agencies cannot spend money except for emergencies. As a result, nonessential functions remain suspended until Congress restores funding.
