USCIS has clarified that it will process I-129 petitions for H-1B, H-2A, and H-2B visas during the government shutdown.
USCIS also confirmed that failure to file timely changes of status or extensions of stay due to the petitioner’s inability to get required documentation during the shutdown (such as a Labor Condition Application) will be considered as an extraordinary circumstance when determining whether to excuse the request.
USCIS did not clarify if this ‘extraordinary circumstance’ standard applies to H-1B transfers which cannot be filed within the 60-day grace period because of the Labor Condition Application/DOL shutdown.
We will keep you updated.