Publications

Effective October 1, 2025, the federal government has shut down until Congress approves a stopgap measure or new fiscal year budget. This means parts of the federal government are suspending operations until funding is restored.

Traditionally, the U.S. government is funded annually through twelve appropriations bills. When appropriation bills are not passed and signed by the president, Congress and the president rely on continuing resolutions to temporarily fund the government.

Whether a federal agency will continue operations while the government remains unfunded largely depends on whether the agency’s services are deemed “essential.” By law, essential services are defined as those “necessary to protect life and property.” Also, agencies funded primarily through the generation of fees for services will continue operations.

The following list details the impact of a government shutdown on work authorization, travel, and other immigration and compliance related services.

Department of Labor (DOL)

DOL’s Office of Foreign Labor Certification (OFLC) will stop operations during a government shutdown, disabling the Foreign Labor Application Gateway (FLAG) system. DOL will not process prevailing wage requests, LCA (labor condition applications) for H-1B, H-1B1, and E-3 cases, H-2A and H-2B temporary labor certifications, or labor certification (PERM) green card process-related applications. Data previously uploaded from FLAG into other government systems may still be accessible, allowing some H-2 and PERM-based I-140 petitions to be adjudicated.

Practical Guidance:

• H-1B, H-1B1, and E-3 cases will be delayed as these visa categories require the processing of an LCA by DOL prior to applying for the visa.  This includes new, change of status, extension/renewal, and amended visa cases.
  • Pending LCA’s will remain frozen until DOL resumes operations.
• If unable to file a DOL application or request within a required deadline, document the timeline of attempts to file and be ready to file when DOL operations resume.
• Employers should expect backlogs in DOL processing once operations resume.

Department of Homeland Security (DHS) E-Verify System

The online E-Verify system enabling employers to compare employment authorization and social security records available to DHS and the Social Security Administration is suspended, preventing employers from creating or updating cases. This system is funded by Congress. Although it is voluntary for employers to enroll and use in many states, E-Verify is required for employers in specific states and in connection with specific work/federal contracts.

Practical Guidance:

• Employers enrolled in E-Verify should continue to ensure I-9 compliance within the legally mandated timelines and may continue to utilize the alternate remote document review process USCIS has previously authorized as applicable.
• E-Verify checks should resume once funding is restored.
• When entering late E-Verify cases upon system reactivation, employers should note the federal government shutdown as the reason for late entry.

United States Citizenship and Immigration Services (USCIS)

USCIS will remain open as it is primarily funded through the generation of filing fees, not through congressional appropriations. Pending H-1B petitions with certified LCAs from the DOL will continue processing, as will other petitions and applications for immigration benefits. Premium visa processing services remain available through USCIS.

Practical Guidance:

• Employers may proceed with fee-based applications (e.g., I-765, I-129, I-140, etc.).
• In prior shutdowns, late filings for cases requiring a DOL process were accepted by USCIS once government operations resumed, provided the petitioner submitted evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown.

U.S. Immigration and Customs Enforcement (ICE)

ICE enforcement and removal operations will continue. The Office of Principal Legal Advisor (OPLA) will focus on the cases of detained individuals during a shutdown. The ICE Student and Exchange Visitor Program (SEVP) offices will remain open.

Practical Guidance:

• Educational institutions and international students should continue to update SEVIS records as needed.
• Be prepared for ongoing enforcement actions.
• Scheduled phone calls and visitation will continue for detained individuals.

U.S. Customs and Border Protection (CBP)

U.S. ports of entry will remain open and CBP will continue to conduct normal inspections at the border. However, the processing of applications that are filed at the border, such as TN-1 border applications for Canadians may be delayed.

Practical Guidance:

• Employers may consider filing petitions with USCIS instead of using border applications.
• Border applicants should allow extra time for processing and expect delays for U.S. entry.

Department of State (DOS)

DOS operations are primarily fee-funded and will continue despite the government shutdown. The processing of visa applications filed at U.S. consular posts will continue. Scheduling and processing delays may occur in some high-volume consular posts. While visa and passport operations remain active, a longer shutdown may deplete fee revenues and limit operations to diplomatic visas and emergencies.

Practical Guidance:

• Review the websites of embassies and consulates regularly for any changes in operating status, as well as the travel.state.gov site for general information agency services and operating status.
• Individuals with immigrant or nonimmigrant visa appointments should plan to attend as scheduled.

Executive Office for Immigration Review (EOIR)

EOIR will be directly impacted by the government shutdown as it relies on congressional appropriations. Immigration court cases for detained individuals (the “detained docket”) will continue during a government shutdown. All other cases will be rescheduled for a later date. The Electronic Case Access System (ECAS) is online and available for document uploads, but with many EOIR employees furloughed, expect significant delays in non-detained cases once operations resume.

Practical Guidance:

• Continue to upload documents through ECAS but expect filing delays.

Office of the Citizenship and Immigration Services Ombudsman

DHS Office of the CIS Ombudsman will stop all operations during a government shutdown. As a result, visa and green card applicants cannot obtain assistance from the CIS Ombudsman office in resolving problems with petitions through USCIS.

Practical Guidance:

• Contact your congressional representative’s office for assistance.

Congressional Constituent Services

Some congressional offices may be closed during a government shutdown.

Practical Guidance:

• Please contact the individual office for more information.

Associate William Butler contributed to this article.

This alert is for informational purposes only and is not intended to be construed or used as legal advice. Wiggin and Dana’s Business Immigration and Compliance Practice Group will continue to provide briefings with material employment-based immigration case updates. If you have any questions, please contact the practice group leader, Najia Khalid, at 203.498.4314 or nkhalid@wiggin.com.