Government Shutdown After December 11? What Happens to USCIS, OPT, H-1B LCAs, E-Verify and Visa Interviews

USCIS runs on fees, but your H-1B petition needs a Department of Labor certification and your STEM OPT job needs E-Verify. Here is what a lapse after December 11 could stop.

Part of our guide to E-Verify.

Short answer, as of November 1, 2026: in a USCIS government shutdown, the agency itself is the part least likely to stop. If federal funding lapses after December 11, past lapses show USCIS keeps processing OPT and H-1B cases, because it runs on filing fees, and SEVP keeps working. The parts most at risk are the Department of Labor, which certifies the Labor Condition Application (LCA) every H-1B petition needs, and E-Verify, which every STEM OPT employer must use. Visa interviews have generally continued.

Status line. Federal funding is in effect through Friday, December 11, 2026, under a continuing resolution (H.R. 6500, P.L. 119-103, signed 2026-09-02). A shutdown is not scheduled and not predicted. It happens only if Congress does not pass more funding by December 11, and it would then begin on Saturday, December 12. Congress returns on November 9, and no deal on a new stopgap or a full-year bill had been found as of October 30.

USCIS government shutdown basics: what keeps running

USCIS is funded mainly by the fees applicants pay, so it kept processing cases through the 76-day lapse in Department of Homeland Security (DHS) funding from February 14 to April 30, 2026. A lapse after December 11, 2026 would differ in one important way: the Labor and State Departments are on the same expiring bill this time.

The spring 2026 lapse hit DHS alone. According to the Congressional Research Service's report Lapses in DHS Appropriations: History and Plans (2026-08-07), the other 11 annual spending bills had been enacted on February 2, 2026, so the Labor and State Departments had normal funding throughout. Today, all 12 bills ride on one continuing resolution. Section 106 of the enrolled text keeps the money available until the first of three events, the last being simply "(3) December 11, 2026."

Why does fee funding matter so much? CRS explains that some DHS activities "are paid for through mandatory spending of fees (such as U.S. Citizenship and Immigration Services)" and are treated as exempt from furlough "as they are still funded," until those funds run out. CRS summarizes DHS's lapse plan for the October 2013 shutdown, which listed as exempt:

"All U.S. Citizenship and Immigration Services (USCIS) programs, except E-Verify."

DHS's September 2025 plan, also summarized by CRS, listed "Fee-funded activities such as those funded by the Immigration Examinations Fee Account," the account USCIS filing fees go into, among the activities that continue.

Agency by agency: what happened last time and what is at risk after December 11

As of 2026-11-01. Sources: CRS R49105 and R49353, DOL OFLC announcements and DOL's lapse plan, Miller Mayer (E-Verify). "At risk" entries are our reading of precedent, not a forecast.

Will my OPT application still be processed during a shutdown?

By precedent, yes. USCIS decides OPT and STEM OPT applications (Form I-765, categories (c)(3)(B) and (c)(3)(C)) with fee money, and SEVP was unaffected in the 2026 DHS lapse, so your DSO could still enter a recommendation in SEVIS.

A few details matter more than the shutdown itself:

• By precedent a lapse does not stop OPT adjudication, but processing is already slow. On 2026-11-01, the USCIS processing-times tool showed 80% of F-1 student I-765s completed within 5 months. That is a dated snapshot; recheck the tool before you plan around it, and see our I-765 processing time breakdown by category for how to read it.
• Your unemployment count keeps running. Post-completion OPT allows 90 days of unemployment, and STEM OPT allows 150 days in total, counted from your OPT start date, per the SEVIS Help Hub. We found no SEVP guidance that stops the count during a lapse, so if a new job's start slips (for example, a STEM OPT employer that cannot enroll in E-Verify while it is offline), the days keep accruing. Ask your DSO how your record will be counted.
• STEM OPT depends on E-Verify. A STEM OPT employer must be enrolled in E-Verify (8 CFR 214.2(f)(10)(ii)(C)), and USCIS asks for the employer's E-Verify company ID on your STEM OPT Form I-765. Our guide to the STEM OPT E-Verify employer requirement explains the rule. Our reading: an employer that has not enrolled by December 11 may be unable to enroll while E-Verify is offline.
• The 180-day automatic extension is intact. USCIS's STEM OPT page still says it "will automatically extend your employment authorization for 180 days" for a timely filed STEM extension. The October 14, 2026 EAD rule did not change that.

Questions about your own dates, your I-20 or your unemployment count go to your DSO.

Can my employer file an H-1B if DOL stops certifying LCAs?

Not a petition that needs a new LCA. Every H-1B petition on Form I-129 must be supported by an LCA certified by the Department of Labor (8 CFR 214.2(h)(4)(i)(B)), and the certification has to come before the I-129 is filed. If you are new to the document, start with what an LCA is.

What happened to LCAs and PERM in the October 2025 shutdown?

The 2025 shutdown ran from October 1 to November 12, 2025, per CRS. DOL's foreign labor announcements page put it plainly in a November 5, 2025 notice:

"Due to the government shutdown, beginning October 1, OFLC ceased all application processing activities"

The same notice says OFLC suspended public access to FLAG. DOL's October 31, 2025 announcement said FLAG was accessible again and warned that "some stakeholders may experience longer than normal processing and response times." The November 5 notice then automatically extended certain response due dates by 33 calendar days. So for about a month, no new LCA, prevailing wage determination or PERM decision came out, even though USCIS kept working on fee-funded cases.

Could it happen again?

Possibly; nobody can say yet. DOL is funded by this CR, so a lapse on December 12 would reach it, and the October 2025 stop is the precedent (reported, by precedent). Pointing the other way, DOL's posted lapse plan, dated January 30, 2026, says "The Office of Foreign Labor Certification will process prevailing wage determinations and labor certification applications" during a lapse, because that work supports exempt DHS and State activities "which remain funded by fee revenues authorized by Congress and paid by employers." A plan is not a guarantee, and DOL has posted no December notice. Until it does, treat an LCA as something that could be unavailable from December 12 until funding returns.

What it means for a transfer, extension or amendment

• H-1B transfer. Portability generally lets an eligible H-1B worker start at a new employer once it files the I-129, but the I-129 cannot be filed until the LCA is certified. Our H-1B transfer playbook covers the normal sequence.
• Extension or amendment. If your employer needs a new LCA, the same block applies. In October 2025, a law firm reported that USCIS would treat the shutdown as "an 'extraordinary circumstance beyond the petitioner's control'" when deciding whether to excuse a late extension or change-of-status filing (Miller Mayer, 2025-10-27). That was discretionary, and USCIS has announced nothing similar for December 2026.
• Laid off. The discretionary grace period of up to 60 days (8 CFR 214.1(l)(2)) still applies; DHS's proposal to eliminate it is only proposed, with comments closing November 10. We found nothing that pauses the grace period during a lapse.
• PERM and prevailing wage requests. As of 2026-10-21, FLAG's processing-times page showed PERM analyst review at January 2026 priority dates, with an average analyst review of 303 days (August 2026 figure). A stop adds to that queue, and an EB-2 or EB-3 I-140 cannot be filed at USCIS without the certified PERM.

Does E-Verify work during a government shutdown?

Not in recent precedent. E-Verify went offline on October 1, 2025, and came back about a week later; employers then had until October 14, 2025 to create a case for anyone hired while it was down (Miller Mayer, 2025-10-13).

The same link exists this time: E-Verify's legal authority is tied to the funding bill. CRS's overview of the continuing resolution says the CR carries E-Verify, Conrad 30, the non-minister religious-worker program and supplemental H-2B "for the duration of the CR," which ends December 11. Form I-9 is a separate legal requirement and does not depend on E-Verify being online. If you start a STEM OPT or H-1B job in December, our companion piece on what an E-Verify outage means for STEM OPT and new H-1B hires goes deeper.

Are visa interviews cancelled during a shutdown?

Generally not. In past lapses, scheduled visa services have generally continued, though individual posts can change hours or appointments. DOL's own lapse plan describes the visa issuance work at State as an exempt activity that remains fee-funded. State is on this CR, so a December lapse would reach it, unlike the spring 2026 lapse.

What a shutdown does not change: F, M, J, H-1B, H-4 and L applicants still interview in person under State's interview waiver update, and you still apply in your country of nationality or residence. Wait times are their own problem; the Global Visa Wait Times page was last updated 21-OCT-2026, so check it rather than any number you read in a forum. A new consular H-1B case still needs an approved petition, which still needs an LCA.

If you graduate in December with OPT pending, Cornell, Johns Hopkins and USC advise against international travel until the EAD arrives, shutdown or not. Our F-1 winter break travel checklist covers the rest.

A worked timeline: November 1, 2026 to January 3, 2027

Two calendar notes. The FY2027 DHS bill (H.R. 9310) was reported out of committee 34-27 on 2026-06-12 and has had no Senate markup, and Ogletree's October 30 Beltway Buzz describes a five-week lame-duck session from November 9 whose "top priority will be funding the federal government beyond December 11, 2026." Neither fact predicts the outcome; both explain why nobody can promise one.

Scenario. You are on H-1B and were laid off on 2026-11-20. Your grace period of up to 60 days would run to about 2027-01-19 (or your I-94 end date, if earlier). A new employer that files its LCA in mid-December could find FLAG closed from December 12, and if the October 2025 pattern repeated, the I-129 could not be filed until DOL reopened. A month-long stop like 2025's would use up about half of that window (our arithmetic). Those are questions for a prospective employer's immigration attorney as soon as an offer is on the table: when the LCA goes into FLAG, and what the options are if it is still pending on December 12.

Before December 11: what to check now

1. Ask HR whether its immigration attorney has downloaded copies of every certified LCA, prevailing wage determination and PERM document from FLAG before December 11 (FLAG public access was suspended in the 2025 shutdown).
2. List, with your employer's immigration attorney, which of your next steps (transfer, amendment, extension, PERM) needs a new Form ETA-9035 or PWD, and when each goes into FLAG.
3. Confirm with HR that your STEM OPT employer is enrolled in E-Verify and has given you its E-Verify company ID for your STEM OPT I-765.
4. Check the USCIS Form I-129 page and the USCIS filing-locations page before any paper filing: from November 9, only the 09/09/26 I-129 edition is accepted, and the old addresses work only for filings postmarked on or before November 9.
5. Ask your DSO for your current OPT unemployment day count as SEVIS records it and how a delayed start date would affect it, and keep your employer details current in the SEVP Portal.
6. Watch your embassy or consulate's website and the State Department's visa pages the week of December 7 if you have an interview scheduled after December 11.

Common mistakes

Misconception: "USCIS closes in a shutdown." Correction: USCIS is fee-funded and kept working through the 76-day DHS lapse in 2026. E-Verify is the exception.

Misconception: "If USCIS is open, my H-1B can be filed." Correction: the I-129 needs a certified LCA from DOL first, and OFLC ceased all processing from October 1, 2025 during the last lapse that covered it.

Misconception: "DOL's lapse plan means LCAs will keep moving." Correction: the January 30, 2026 plan says OFLC will process labor certifications, but OFLC ceased all processing in October 2025. A plan is not a guarantee.

Misconception: "The spring 2026 lapse is the template." Correction: that lapse hit DHS alone. This CR covers DOL and State as well.

Misconception: "A shutdown pauses my OPT unemployment days or my H-1B grace period." Correction: we found no rule or guidance that does either. Plan as if both clocks keep running.

Misconception: "A shutdown on December 12 is certain." Correction: it happens only if Congress does not pass funding by December 11. Anyone who tells you otherwise is guessing.

Frequently asked questions

Is USCIS affected by a government shutdown?

Mostly not, based on past lapses. USCIS runs mainly on the fees applicants pay, and it kept processing cases through the 76-day lapse in Homeland Security funding from February 14 to April 30, 2026. The exception is E-Verify, which needs appropriations and whose authority the current continuing resolution extends only through December 11, 2026.

Will my OPT application still be processed during a shutdown?

By precedent, yes. USCIS decides OPT and STEM OPT applications on Form I-765 with fee money, and SEVP was unaffected in the 2026 Homeland Security lapse, so DSO recommendations and SEVIS kept working. We found no rule that pauses the OPT unemployment count (90 days, or 150 in total with STEM OPT) during a lapse, and STEM OPT employers still need E-Verify enrollment.

Can my employer file an H-1B if DOL stops certifying LCAs?

Not a petition that needs a new LCA. Every H-1B petition on Form I-129 needs a certified Labor Condition Application. In the October 2025 shutdown the Department of Labor's foreign labor office stopped all processing on October 1 and announced it had resumed on October 31. DOL's current lapse plan, dated January 30, 2026, says that office would keep processing in a lapse, but a plan is not a guarantee, so unless Congress passes funding by December 11, 2026, a pause could happen again. USCIS keeps working on petitions already filed.

Does E-Verify work during a government shutdown?

Not in recent precedent. E-Verify went offline on October 1, 2025 and came back about a week later, and employers then had until October 14, 2025 to create cases for people hired during the outage. The current continuing resolution extends E-Verify only through December 11, 2026. Form I-9 is a separate requirement that does not depend on E-Verify being online, and an employer that is not yet enrolled may be unable to enroll while it is down.

Are visa interviews cancelled during a shutdown?

Generally not. Consular work has generally continued during past lapses, and the Labor Department's lapse plan describes visa issuance at State as fee-funded, though an individual embassy or consulate can change its schedule. A lapse after December 11, 2026 would reach the State Department, because it is on the current continuing resolution, so check your embassy or consulate's website before your appointment.

Sources

• H.R. 6500, Continuing Appropriations and Extensions Act, 2027 (enrolled text), govinfo.gov
• CRS R49353 on the continuing resolution, via EveryCRSReport
• CRS R49105, Lapses in DHS Appropriations: History and Plans (2026-08-07), congress.gov
• DOL OFLC announcements and DOL lapse plan (2026-01-30), dol.gov
• FLAG processing times and FLAG's October 31, 2025 announcement
• USCIS STEM OPT page, USCIS Form I-129 page, USCIS filing locations and USCIS processing times
• SEVIS Help Hub, unemployment counter
• State Department interview waiver update and Global Visa Wait Times
• Miller Mayer on E-Verify (2025-10-13) and on USCIS and late H filings (2025-10-27)
• Ogletree, Beltway Buzz (2026-10-30)

How we checked this: on November 1, 2026 we read the enrolled CR text, two CRS reports, DOL's January 30, 2026 lapse plan, OFLC's shutdown notices and the USCIS, SEVP, FLAG and State pages above, and we label law-firm reports and precedent-based expectations as reported.

This is general information, not legal or tax advice; your own I-20, I-94, EAD and approval notices govern, and your DSO (for F-1, OPT and SEVIS questions) or a licensed immigration attorney (for petitions and status strategy) should advise on your case.

A funding deadline is one more variable in a job search that already has plenty. If you want help lining up sponsor-ready employers and timing your next move around it, talk to F1Jobs.