Weekly Roundup – October

Government Shutdown Impact on Immigration Operations
As of October 9, 2025, U.S. Citizenship and Immigration Services (USCIS) remains open and continues processing most filings. Since the agency is funded primarily through filing fees rather than congressional appropriations, individuals and employers can continue submitting applications and petitions without interruption. Applicants should continue meeting deadlines, attending interviews, and responding to USCIS correspondence.

While USCIS remains operational, the Department of Labor (DOL) has paused processing of Labor Condition Applications (LCAs) and PERM Labor Certifications during the shutdown. These steps are essential for certain employment-based cases, including H-1B petitions and employment-based green card sponsorships. Although DOL cannot issue new certifications at this time, employers and representatives can continue preparing documentation so that filings are ready for immediate submission when systems reopen.

USCIS Clarifies New $100,000 H-1B Fee for Overseas Filings
USCIS recently provided guidance on the new $100,000 fee for H-1B petitions filed for workers outside the United States. The agency confirmed that the additional fee applies primarily to new H-1B cases requiring consular processing, while most F-1, L-1, and current H-1B holders already in the U.S. are not subject to it.

Supreme Court Upholds H-4 Work Authorization
The U.S. Supreme Court declined to review Save Jobs USA v. DHS, leaving in place the rule that allows certain H-4 spouses of H-1B visa holders to continue obtaining employment authorization. This decision preserves stability for dual-career H-1B families and the employers who rely on them, maintaining an important source of skilled talent in the U.S. workforce.

November 2025 Visa Bulletin Released
The Department of State published the November 2025 Visa Bulletin with little change from the prior month. Employment-based categories EB-1 through EB-3 remain current for most countries, while India and China continue to face significant backlogs in the EB-2 and EB-3 categories. Family-based categories show minimal advancement across all regions.

Heckler Law Group Perspective
At Heckler Law Group, we continue to prepare and file immigration cases daily so our clients’ filings remain on track despite the shutdown. For cases dependent on DOL action, our team is proactively completing documentation to minimize delays once operations resume.

We will continue monitoring the effects of the shutdown, USCIS policy updates, and other immigration developments that impact both family- and employment-based matters.

Every case is different, and immigration agencies review applications based on individual facts. If you would like tailored guidance on your situation, we invite you to schedule a consultation with our office.