After US President Donald Trump and Congress failed to reach a funding deal by Wednesday’s deadline, the government shutdown began. As a result, hundreds of thousands of federal employees face furloughs, and many offices will be closed. H-1B visas will also face a pause until the shutdown ends, says immigration attorney Nicole Gunara.
She said that H-1B visa filings will not be processed until the Congress can agree on federal funding allocations.
Gunara explained how the H-1B visa process goes through different steps, starting from filing a labour condition application known as an LCA with the Department of Labour (DOL). Once the LCA is certified, the concerned company moves ahead to file an H-1B petition with the US Citizenship and Immigration Services (USCIS). She clarified that the USCIS operates on filing fees; hence, the shutdown will not affect its operations. However, the DOL requires funding from the Congress and will stop work related to immigration until a funding bill is passed.
“What this means is that no one can get a new H-1B, transfer employers, or change status to H-1B unless they already got the LCA certified and downloaded before today,” she said, adding, “Anyone who doesn’t have a certified LCA will have to wait for the government to reopen to have their H-1B processes continued.”
The H-1B visa programme, widely used by the US technology sector to hire skilled workers from India and China, has been under the spotlight after Trump last month imposed a $100,000 annual fee – a big jump from the current rate of $215 – on applicants.
Moreover, the Trump administration also announced plans to abandon the existing lottery system in favour of a weighted selection process. The Department of Homeland Security proposed selection based on the wage level, essentially, workers in the highest of four wage levels.
The US Embassy in India posted on X, “At this time, scheduled passport and visa services in the United States and at US Embassies and Consulates overseas will continue during the lapse in appropriations as the situation permits.”
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. We will not update this account until full operations resume, with the exception of…
— U.S. Embassy India (@USAndIndia) October 1, 2025
Since federal agencies cannot spend money beyond emergencies when a government shutdown happens, functions that are nonessential have been kept on hold until Congress restores funding.