A U.S. government shutdown can have real consequences for visa holders and visa hopefuls navigating the visa process, especially when it comes to E-3 visas and Labor Condition Applications (LCAs). The FLAG website (where employers enter information for LCAs now says “Under Maintenance” so what can you do?
It’s important to understand what it actually means for your application timeline, your job offer, and even your ability to enter the country.
What Exactly Is a Government Shutdown?
Really quickly, a civics lesson. A government shutdown occurs when Congress fails to pass funding legislation for the federal agencies and departments that keep the country running. Until funding is restored, many “non-essential” government functions either slow down or stop completely.
While some immigration-related services continue (especially those funded by user fees like USCIS and including Consulates and Embassies), others grind to a halt—and that includes several steps in the visa process.
How long will the Shutdown last?
I don't know any more than the next guy, so it's hard to say.
In the past, they haven't lasted too long, but this one does look to have some deadlock, so I don't know if the ship will be righted, right away.
There could be long-lasting impacts and delays, it will heavily depend on how long things go on like this.
Does a Government Shutdown Affect Visa Applications?
Yes, it can—but it depends on which part of the process you’re in. The E-3 visa and other visas have multiple steps, and each is handled by a different department. Here’s how a shutdown could impact each one.
Impacts on Labor Condition Application (LCA) – DOL
The biggest and most immediate impact is that LCAs are filed with the Department of Labor (DOL)—and the DOL stops accepting and processing LCAs during a shutdown.
Under Maintenance
Due to a lapse in funding, all foreign labor certification activities administered by the Department’s Office of Foreign Labor Certification (OFLC) have been suspended.
During this suspension, access to the Foreign Labor Application Gateway (FLAG), will be disabled and will not permit system users to prepare and submit new applications as well as submit any information associated with applications pending a final determination.
That means:
- Employers won’t be able to file new LCAs
- Pending LCAs will pause mid-review
- No certifications will be issued
- This ultimately delays everything downstream because you can't do an interview without a certified LCA
So if you haven’t yet had your LCA certified, a shutdown could delay your E-3 application by days or even weeks, depending on how long the shutdown lasts and how backlogged the system becomes afterward.
What If You Already Have an Approved LCA?
If your LCA was already certified before the shutdown began, you’re in a much better position. The certified LCA remains valid, and you can continue with the next steps in the E-3 visa process, like booking your consular interview or filing with USCIS (if you’re applying from within the U.S.).
However, if you were about to file or were in the middle of filing your LCA when the shutdown began, you’ll be stuck in limbo until the Department of Labor is back online.
Do USCIS and U.S. Consulates Keep Working?
Yes, on the whole, we expect things to remain business as usual for the moment.
U.S. Consulates & Embassies
The good news is that U.S. embassies and consulates overseas typically remain open during a shutdown. Visa interviews (including E-3 visa and other visa interviews) generally continue as scheduled, assuming the post has enough funding through visa application fees. If the shutdown extended for a long time or there are other changes within the US Government, this could change—but we don't foresee that, yet.
U.S. Citizenship and Immigration Services (USCIS)
USCIS is primarily funded by filing fees (not congressional appropriations), so it usually remains operational during a shutdown. This means applications like Change of Status from within the U.S. continue to be processed, assuming you’ve already received a certified LCA.
What Australians Should Do
If you’re an Aussie on (or applying for) a visa, here’s how to protect your timeline:
Consult an immigration attorney – Especially if you’re in the U.S. and considering a change or extension of status, get professional guidance on how a shutdown might affect your filing. Do not stick your head in the sand as overstaying your current status will not be acceptable.
Talk to your employer – Make sure they’re aware of the potential shutdown and how it could impact their ability to hire you. You don't need to catastrophise or speculate, just stick to the things you know.
Watch appointment wait times – Use tools like my E-3 Visa Appointment Calendar to monitor scheduling windows in Sydney, Melbourne, and Perth.
Stay flexible – Build buffer time into your plans. Even after a shutdown ends, agencies often face a backlog of applications. LCAs may take longer, and appointment times may immediately evaporate
File LCAs early – This is not at all helpful of me to share right now but you can file up to 6 months in advance of your proposed start date. It's worth knowing for future shutdowns.
Unfortunately, in reality, if you haven't filed your LCA already, there's little you can do to get that element happening, but
