Impact of US Government Shutdown on H-1B Visa Processing for Indians

The U.S. government has entered a shutdown after President Donald Trump and Congress failed to reach a funding agreement by the set deadline. This has led to the furlough of hundreds of thousands of federal employees and the temporary closure of many government offices. Immigration attorney Nicole Gunara stated that the processing of H-1B visas is now on hold due to the shutdown.

Gunara explained that the H-1B visa process begins with the employer filing a Labour Condition Application (LCA) with the Department of Labor (DOL). After the LCA is approved, the employer submits an H-1B petition to U.S. Citizenship and Immigration Services (USCIS). While USCIS continues to operate as it is funded through application fees, the DOL requires congressional funding and has paused its immigration-related services.

This means new H-1B applications, job transfers, or status changes cannot proceed unless the applicant already has a certified LCA. Those without one will need to wait until the government is back in operation to move forward with their visa process.

The H-1B visa is a key program for employing skilled workers, especially from countries like India and China. Recently, the Trump administration proposed a significant increase in H-1B visa fees to $100,000 annually, up from $215. It also announced plans to replace the random lottery selection system with a wage-based system, giving preference to higher-paid applicants.

The U.S. Embassy has stated that passport and visa services will continue as circumstances allow during the shutdown, but will limit communication until full operations resume. Nonessential government functions have been temporarily halted until Congress approves new funding.

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