The EB-3 visa remains one of the most sought-after employment-based immigration pathways to the United States. However, when a government shutdown occurs, it can temporarily disrupt various parts of this process. Understanding how these shutdowns impact EB-3 applicants, how long they last, and what can be done to reduce delays is crucial for anyone in the middle of an application or planning to start one soon.
This article explores the connection between the EB-3 visa process and government shutdown, provides practical steps to minimize delays, and offers insight into recent legislative efforts like the Dignity Act that aim to speed up the entire process.
What Happens During a Government Shutdown
A government shutdown occurs when Congress fails to pass funding legislation for the federal government. This means that certain agencies and services temporarily stop operating, especially those that rely on government appropriations rather than user fees.
Historically, government shutdowns vary in length, but the average duration is around 10 days, based on data from the last 15 shutdowns. The most recent and longest one took place in 2018, lasting 34 days during debates over border security.
While some agencies continue functioning, particularly those funded by service fees, others halt completely. This distinction becomes very important for visa applicants because certain immigration steps rely on government funding while others do not.
How the Shutdown Affects the EB-3 Visa Process
The EB-3 visa process involves multiple stages, each handled by different government bodies. Understanding which parts are affected helps applicants plan accordingly.
1. PERM Labor Certification (Department of Labor)
The first step of the EB-3 process is obtaining PERM labor certification through the Department of Labor (DOL). This step verifies that there are no qualified U.S. workers available for the job being offered to the foreign worker.
During a government shutdown, this stage stops entirely because the DOL is federally funded. The flag.gov website, which is essential for submitting PERM petitions and prevailing wage requests, goes offline. As a result, no new applications can be filed or processed during this period.
This creates a backlog that can take weeks or even months to clear once the government reopens.
2. I-140 Immigrant Petition (USCIS)
Fortunately, the I-140 stage, the second part of the process, is not affected by a shutdown. That’s because the U.S. Citizenship and Immigration Services (USCIS) operates primarily on filing fees, not congressional appropriations.
Applicants can continue to file I-140 petitions, and existing petitions will keep moving through the system without interruption.
3. Adjustment of Status and Consular Processing
The final stage, either Adjustment of Status (for applicants already in the U.S.) or Consular Processing (for those abroad), also continues during a shutdown.
The State Department, National Visa Center (NVC), and U.S. consulates remain open, since they too rely on user fees rather than government funding. The Visa Bulletin remains accessible, and interviews continue as scheduled.
In short, while the PERM stage halts, I-140 and final-stage processing continue normally.
How Long Will the Delay Last?
Given that the average shutdown lasts about 10 days, most applicants will experience only a short delay. However, even a few days of suspension can create a ripple effect, especially since thousands of filings are delayed during that time.
The Department of Labor typically receives a surge of filings as soon as operations resume, causing processing times to lengthen temporarily. Applicants should therefore expect slower responses in the weeks following a shutdown.
If a shutdown lasts longer than average, such as the 34-day closure in 2018, those waiting at the PERM stage could face more significant setbacks.
The Dignity Act: A Legislative Solution
While government shutdowns are temporary, the EB-3 visa backlog is a long-standing issue. A recently proposed law known as the Dignity Act (H.R. 4393) seeks to address several of these challenges.
Introduced by Congresswoman Maria Salazar of Miami, Florida, the bill contains key provisions that would speed up the overall EB-3 visa process and reduce backlogs.
Key Provisions of the Dignity Act:
- Reforms the quota system: Currently, the U.S. issues 10,000 visas per year for the “other worker” category under EB-3. Each family member counts individually against this quota. The Dignity Act would change that by counting entire families as one unit rather than multiple individuals.
- Funds immigration agencies: The bill allocates additional funding for the Department of Labor, USCIS, and the State Department, helping them process cases faster.
- Supports dual intent for F-1 students: It also allows international students under the F-1 visa to express intent to immigrate without jeopardizing their student status.
In essence, this reform would allow more EB-3 workers and their families to immigrate legally each year while easing administrative bottlenecks.
How to Expedite the EB-3 Visa Process
While no applicant can control when a government shutdown happens, there are ways to help speed up or support improvements to the system.
1. Support the Dignity Act (H.R. 4393)
You can play a role in encouraging lawmakers to pass this bill.
- Visit eb3.work and click News → Support the Dignity Act.
- Scroll to the White House contact information and call the comment line.
- If no one answers, you can leave a voicemail.
Here’s a sample message you can adapt:
“Hello, I’m calling to ask the President to support the Dignity Act of 2025, bill number H.R. 4393. Current visa backlogs are extremely long and are affecting the U.S. economy. Please help move this bipartisan bill forward.”
Each call increases awareness at the federal level. The more people express support, the more likely it is that Congress and the White House will prioritize visa reform.
2. Stay Informed During Shutdowns
Keep an eye on updates from:
- U.S. Department of Labor (for PERM updates)
- USCIS (for I-140 and adjustment of status updates)
- Department of State (for consular processing and visa bulletin updates)
3. Prepare Early
Before a potential shutdown, work with your immigration attorney to ensure that as much documentation as possible is ready for submission once systems reopen.
FAQ: EB-3 Visa and Government Shutdowns
Q: Will my EB-3 application be rejected if submitted during a shutdown?
A: No. The system won’t accept submissions during a shutdown, so nothing will be lost. You’ll simply have to wait until services resume.
Q: Can I still file my I-140 during the shutdown?
A: Yes. USCIS continues to operate during shutdowns because it is funded by application fees.
Q: Will my consular interview be canceled?
A: Usually not. U.S. consulates abroad continue operating since they also rely on fees, not government appropriations.
Q: What happens to the Visa Bulletin during a shutdown?
A: The Visa Bulletin remains online and updated, as it’s managed by the State Department, which continues functioning.
Q: Is there any way to completely avoid delays?
A: Unfortunately, not entirely. However, supporting legislative reforms like the Dignity Act and filing all documents promptly can minimize delays.
Final Thoughts
A government shutdown can temporarily disrupt the EB-3 process, but only the PERM stage is directly affected. The average delay is about 10 days, and the I-140 and final stages continue without interruption.
While waiting can be frustrating, applicants can take proactive steps, such as supporting the Dignity Act, to help bring lasting improvements to the immigration system.
Understanding how shutdowns work, preparing early, and staying informed will make a significant difference in navigating the EB-3 process smoothly, even in uncertain political times.
Also Read: EB-3 Visa Processing Times Explained – October 2025 Visa Bulletin
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