Shutdown Delayed H Petitions Treated as Extraordinary Circumstance

During the federal government shutdown, Petitioners could not file H applications because they were unable to acquire the necessary certified Labor Condition Application.  This delayed time sensitive filings for many individuals.

USCIS announced how it will handle these applications:

If an H-1B, H-2A, or H-2B Petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the shutdown, USCIS will consider the shutdown as an extraordinary circumstance and excuse the late filing, as long as the Petitioner meets all other applicable filing requirements.

Please contact our office if you have any questions.