Government Shutdown Disrupts Immigration Services

Many critical employment-based immigration services are fee-funded by users and will continue to operate during the U.S. government shutdown, but other essential parts of the system have come to a stop, creating a significant disruption overall.   

Over the coming days, Congress is expected to continue working to reach an agreement on an appropriations bill or on a stopgap spending measure to reopen the government. But until then, employers are likely wondering how the government shutdown will affect the federal agencies charged with processing immigration-related petitions and applications. The following is a brief rundown. 

Related Resource: Navigating the 2025 Government Shutdown  

U.S. Department of Labor

The Department of Labor's (DOL's) immigration functions are suspended. This means there will be no processing of labor condition applications for H-1B petitions, requests for prevailing wage determinations necessary for the processing of H-1B, H-2A and H-2B visas, and PERM labor certifications required in the employment-based green card process. Delays in employment-based immigration processing are to be expected due to the shutdown. 

U.S. Citizenship and Immigration Services 

U.S. Citizenship and Immigration Services (USCIS) is primarily fee-funded and will continue to operate as usual because it does not depend on Congress for appropriations. However, processing would be disrupted because the agency depends on the DOL for many filings, resulting in lapses in status for foreign workers nearing the expiration of their work authorization and delays for employers hiring new foreign national employees. 

After previous government shutdowns USCIS accepted late I-129 filings [for temporary workers] provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown. 

E-Verify

Employers would not be able to use E-Verify during the government shutdown, including enrolling in the system, initiating queries, accessing cases or resolving tentative nonconfirmations with affected workers. 

Employers will not be penalized because of the system being down but are reminded that they must continue to complete the Form I-9 process in compliance with the law, and when E-Verify becomes available, input those cases into the system. Employers must not take any adverse action against an employee whose employment eligibility verification cannot be confirmed in E-Verify due to a shutdown.  

Toolkit: Complying with I-9 and E-Verify Requirements 

U.S. Department of State

Visa processing would continue at the Department of State because, like USCIS, visa and passport operations are fee-funded and usually not affected in a shutdown. A slowdown in consular services can be expected if the government shutdown is prolonged.  

Other Immigration Agencies 

The government considers U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) essential, and most operations will continue. ICE removal operations and CBP processing at the U.S. borders with Mexico and Canada and at airports will continue but may be slowed. The processing of employment-based applications at the border, such as for L-1 and TN visas, could be delayed. 

Based on past government shutdowns, it is advised that employers coordinate with their immigration counsel. Employers should also be communicating with affected workers about expected delays in processing, postponing start dates for newly hired H-1B workers if their processing is delayed, and identifying foreign national employees with upcoming work authorization expiration dates.