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ARTICLE · 21 OCTOBER 2025

Immigration & Talent Advantage Flash – NEW Developments On The U.S. Government Shutdown

Marks Gray
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The federal government shutdown continues, and its effects across immigration systems and many others are being felt.

United StatesImmigration
Giselle Carson
Giselle Carson

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.

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