USCIS remains operational for NIW and EB-1A
If you are pursuing EB-2 NIW or EB-1A, the U.S. government shutdown does not stop most USCIS work. USCIS is primarily funded by filing fees, so the agency continues to receive and adjudicate petitions. Biometrics and interviews proceed unless a specific field office posts its own closure notice. Lockbox intake and online filing continue to function, and mailed notices and online case status updates continue as normal.
What NIW filers can expect
This means I-140 NIW petitions continue to be filed and adjudicated. Premium processing for NIW remains available because it is a fee based service. Physical approval notices are still mailed and the USCIS case status site continues to update during a funding lapse. If you are responding to a Request for Evidence you should continue to follow the deadline printed on the notice.
Premium processing and timing details
For EB-2 NIW the premium processing clock is 45 calendar days. If USCIS issues a Request for Evidence the premium clock pauses and restarts from the beginning when USCIS receives your response. For EB-1A the premium clock is 15 business days and it follows the same pause and restart rule on an RFE. These clocks and rules continue during a funding lapse because they are part of fee based adjudication. Use this period to prepare clean, well organized responses so the clock spends the least possible time paused.
Department of Labor pause affects PERM, not NIW
The situation is different at the Department of Labor. During a funding lapse the Office of Foreign Labor Certification suspends processing and the FLAG portal is typically taken offline. This pause stops prevailing wage determinations and PERM labor certifications until funding is restored. Backlogs usually grow during the downtime and timelines stretch after systems come back online. NIW and EB-1A do not require any Department of Labor step, which is why they keep moving while PERM based green cards stall.
If your Visa Bulletin is current for consular processing
If your priority date is current and you are preparing for an immigrant visa interview at a consulate there is no general halt triggered by a funding lapse. Consular immigrant visa services continue where fee balances support operations. Applicants with current Visa Bulletin dates should keep preparing for interviews and follow post specific instructions unless the consulate issues a local notice.
Bottom line for NIW readers
As of October 30, 2025, USCIS continues to accept and adjudicate EB-2 NIW and EB-1A petitions. Premium processing for NIW is available. Mailed approval notices and online case status updates continue. At the Department of Labor, PERM and prevailing wage work is paused until appropriations are restored, which affects PERM based cases but not NIW or EB-1A. If your Visa Bulletin is current and you are consular processing, keep preparing for your interview unless your post instructs otherwise. Request a free NIW eligibility evaluation and we will review your background and provide next step guidance tailored to your case. The U.S. government may have shut down, but MCC Holdings does not stop.
Thath Kim II
US Attorney
Licensed in Oregon
11F 1108, Seocho-daero 77gil 17, Seocho-gu, Seoul, Republic of Korea 06614