H-1B Visa Processing Halted Due to US Government Shutdown: Impact on Indian Tech Workers

H-1B visa processing has entered a temporary suspension phase as the US government shutdown commences.

The government shutdown began after President Donald Trump and Congress failed to reach an agreement on funding by Wednesday's deadline. This has resulted in furloughs for hundreds of thousands of federal employees and the closure of many government offices. According to immigration attorney Nicole Gunara, H-1B visa processing will remain paused until the shutdown concludes.

Gunara indicated that H-1B visa applications will not be processed until Congress reaches an agreement on federal funding allocations.

She detailed the H-1B visa application process, which begins with filing a labor condition application (LCA) with the Department of Labor (DOL). After the LCA receives certification, companies proceed to file an H-1B petition with the US Citizenship and Immigration Services (USCIS). While USCIS operations continue because they are funded by filing fees, the DOL requires congressional funding and will suspend immigration-related activities until a funding bill passes.

"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," Gunara explained. "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 program, which is extensively utilized by the US technology sector to employ skilled workers from India and China, has recently faced significant changes. Last month, Trump imposed a substantial fee increase to $100,000 annually, a dramatic rise from the previous $215.

Additionally, the Trump administration announced plans to replace the existing lottery system with a weighted selection process. The Department of Homeland Security has proposed selection based on wage levels, giving preference to workers in the highest of four wage categories.

The US Embassy in India announced 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."

During a government shutdown, federal agencies can only spend funds on emergency matters, resulting in the suspension of non-essential functions until Congress restores funding.