FY2027 Continuing Resolution Signed: What It Means for H-1B, PERM, and EB Green Cards

What Happened

President Donald Trump signed [H.R. 6500, the Continuing Appropriations and Extensions Act, 2027](https://www.whitehouse.gov/briefings-statements/2026/09/congressional-bill-h-r-6500-signed-into-law/) on September 2, 2026. The law provides fiscal year 2027 appropriations to federal agencies through December 11, 2026, at FY2026 spending levels.

The [House passed the measure on September 1 by a vote of 370–48](https://apnews.com/live/trump-dan-driscoll-white-house-ballroom-updates-09-01-2026). The Senate had already approved its version on August 8, 2026, by 90–6. The bipartisan margins reflect lawmakers' determination to avoid a government shutdown during the campaign season, following historic shutdowns in the prior fiscal year.

The law does not change any immigration fees, forms, or filing requirements. It simply extends the funding status quo past the September 30 fiscal year deadline, pushing the next potential disruption to December 11.

Who's Affected

The continuing resolution touches every employment-based visa category — H-1B, O-1, EB-1, EB-2 (including NIW), EB-3, and PERM — but the practical impact varies by which agency handles your case.

• **USCIS filers (H-1B, I-140, I-485, I-765, N-400):** Minimal disruption. USCIS receives approximately 96% of its funding from application fees through the Immigration Examinations Fee Account (IEFA), not congressional appropriations. Core adjudications, biometrics appointments, naturalization ceremonies, and online filing systems continue as normal.
• **PERM and LCA filers (DOL-dependent):** Higher risk. The Department of Labor's Office of Foreign Labor Certification (OFLC) processes Labor Condition Applications (LCAs) and PERM labor certifications using appropriated funds. If a December 11 lapse occurs without further congressional action, DOL operations could face furloughs or slowdowns that delay LCA approvals and PERM adjudications — even while USCIS keeps running.
• **Consular processing applicants:** U.S. consulates and embassies remain funded through December 11, so visa interview scheduling and immigrant visa issuance should continue. However, the separate State Department pause on immigrant visa interviews for public-charge training — [announced in late August 2026](https://haven-five-hazel.vercel.app/blog/state-department-visa-interview-pause-public-charge-2026) — remains in effect independently of this funding law.
• **Employers sponsoring H-1B workers:** The existing $100,000 fee for certain cap-subject H-1B petitions (filed on or after September 21, 2025) and the [proposed $103,265 fee](https://haven-five-hazel.vercel.app/blog/dhs-103k-h1b-cap-fee-proposed-rule-2026) remain separate from this funding measure. Neither is created, changed, or suspended by the continuing resolution.

Why USCIS Is More Shutdown-Resistant Than Other Agencies

Understanding USCIS's fee-funded structure is critical for anyone tracking shutdown risk. Unlike agencies that depend on annual congressional appropriations, USCIS operates primarily through the Immigration Examinations Fee Account — fees paid by applicants and petitioners for benefits processing.

The Congressional Research Service has confirmed that activities funded through fee collections or other nonexpiring appropriations are generally exempt from shutdown-related furloughs. This means USCIS can continue processing petitions, applications, and customer service functions even during a funding gap.

That said, USCIS is not entirely immune. Approximately 4% of USCIS funding does come from appropriations. Functions that depend on interagency coordination — such as background checks run through the FBI, or asylum office operations funded by different budget lines — can experience delays during a shutdown.

The December 11 Funding Cliff: What Could Go Wrong

The continuing resolution is explicitly temporary. If Congress fails to pass another funding measure or full-year appropriations before December 11, 2026, a government shutdown would begin on December 12.

For employment-based immigration, the downstream effects of a December shutdown would concentrate in three areas:

• **DOL/OFLC slowdowns:** PERM labor certification — already averaging [336 calendar days for Analyst Review determinations as of August 2026](https://flag.dol.gov/processingtimes) — would face further delays. LCA processing, typically completed within 7 business days, could stall if DOL staff are furloughed. This directly affects employers preparing H-1B petitions and EB-2/EB-3 PERM-based green card cases.
• **Consular closures or delays:** State Department consular operations depend on appropriated funds. A December lapse could suspend or slow visa interview scheduling, immigrant visa issuance, and H-1B visa stamping at embassies abroad.
• **Background check bottlenecks:** FBI name checks and security clearances for I-485 adjudications can slow during shutdowns, potentially extending processing times for EB green card applicants even while USCIS continues its own work.

What Attorneys Should Know

The legal basis for USCIS's shutdown resilience is 8 U.S.C. § 1356, which establishes the Immigration Examinations Fee Account and authorizes USCIS to use fee revenue for adjudication and naturalization services without further annual appropriation. The Office of Management and Budget's [Circular A-11](https://www.whitehouse.gov/omb/information-for-agencies/circulars/) classifies fee-funded activities as exempt from the Antideficiency Act's restrictions during a funding gap.

For PERM practitioners, the key risk window is December 11 onward. Attorneys with PERM cases in the DOL pipeline should advise employer clients that a shutdown could pause all OFLC adjudications — not just PERM Analyst Reviews, but also prevailing wage determinations (PWDs) and supervised recruitment audits. Consider filing PWD requests and PERM applications before December 11 to ensure they enter the queue while DOL is fully operational.

The continuing resolution does not affect any pending rulemaking. The [proposed $103,265 H-1B cap fee](https://haven-five-hazel.vercel.app/blog/dhs-103k-h1b-cap-fee-proposed-rule-2026) (comment period closes September 24), the [proposed elimination of the 60-day grace period](https://haven-five-hazel.vercel.app/blog/60-day-grace-period-oira-clearance-federal-register-2026), and the [30-day RFE deadline policy](https://haven-five-hazel.vercel.app/blog/uscis-30-day-rfe-deadlines-h1b-eb-green-card-2026) all proceed on their own timelines regardless of the funding measure.

What Applicants Should Do

The immediate message is reassuring: your pending cases at USCIS are not affected. But there are steps you should take now to protect yourself against a possible December disruption.

• **Continue filing on your normal schedule.** The continuing resolution changes nothing about USCIS forms, fees, or deadlines. Do not delay an H-1B extension, I-140 petition, I-485 application, or EAD renewal because of funding news.
• **Calendar December 11, 2026.** If you have a consular interview, PERM case, or LCA-dependent filing in the December–January window, discuss contingency timing with your attorney. Filing or scheduling before December 11 reduces exposure to a potential lapse.
• **Monitor the public-charge interview pause separately.** If you are awaiting an immigrant visa interview at a U.S. consulate, the continuing resolution does not restart interviews paused for public-charge training. Track State Department post-specific announcements for your embassy.
• **Keep your H-1B fee obligations current.** The $100,000 fee for certain cap-subject petitions (per the presidential proclamation) and all existing USCIS filing fees remain in effect. Verify current requirements at [uscis.gov](https://www.uscis.gov).

Timeline of Key Events

Here is the sequence of events leading to the current funding status:

• **August 8, 2026:** Senate passes its version of the continuing resolution, 90–6.
• **September 1, 2026:** House passes H.R. 6500, 370–48, and sends it to the president.
• **September 2, 2026:** President Trump signs H.R. 6500 into law.
• **September 30, 2026:** FY2026 ends. Without the CR, a shutdown would have begun October 1.
• **December 11, 2026:** The continuing resolution expires. Congress must act again to avoid a shutdown on December 12.