U.S. Citizenship and Immigration Services (USCIS) will continue processing H-1B, H-2A, and H-2B related Form I-129 petitions, as well as CW-1 related Form I-129CW petitions, during the government shutdown. However, the shutdown may delay some petitioners who need required documents—such as a Labor Condition Application or a Temporary Labor Certification—from the U.S. Department of Labor.
If a petitioner for an H-1B, H-2A, H-2B, or CW-1 visa meets all other requirements and provides proof that the shutdown was the main reason for not filing an extension of stay or change of status on time, USCIS will treat the shutdown as an extraordinary circumstance beyond the petitioner's control. USCIS will continue to monitor the situation and issue further updates as needed. Additional information is available in Volume 2, Part A, Chapter 4 of the USCIS Policy Manual.
Separately, USCIS has issued a final rule effective October 2, 2025, to make filing easier for H-2A petitioners seeking unnamed beneficiaries. Starting on this date, these petitioners can submit the new Form I-129H2A, Petition for a Nonimmigrant Worker: H-2A Classification, online after the Department of Labor (DOL) accepts their Temporary Labor Certification (TLC) application but before DOL approves it. USCIS will still approve petitions only after DOL has approved the related TLC.
This change applies only to online filings for unnamed beneficiaries and does not apply to H-2A petitions with named beneficiaries or paper filings. Those petitioners must continue using Form I-129. Currently, Form I-129H2A can only be submitted online by uploading a completed PDF through a USCIS account and only for cases without Form G-28. USCIS will reject any paper filings of Form I-129H2A.
In the coming weeks, USCIS plans to expand the online option for petitioners filing for named beneficiaries or submitting Form G-28.
The H-2A program allows qualified U.S. employers or agents to bring foreign nationals to the United States for temporary agricultural work. Employers, agents, or associations acting as joint employers must file a petition on behalf of each prospective worker.
