Immigration Implications of the Government Shutdown

As of midnight on October 1, the U.S. Government has officially "shut down." When Congress does not pass a budget on time, parts of the federal government stop operating, with only “essential” functions continuing. Below is a summary of how immigration-related agencies may be affected, based on our experience with prior shutdowns.

 

U.S. Department of Labor (DOL)

The Office of Foreign Labor Certification (OFLC)—which oversees prevailing wage determinations, PERM labor certifications, and LCA filings—is not fee-funded and has suspended all operations.

• OFLC may later issue guidance regarding flexibility for employers with filing deadlines, but no such guidance has been released yet.

U.S. Citizenship and Immigration Services (USCIS) 

Because USCIS is primarily fee-funded, most of its operations will continue without interruption. However, certain programs that depend on coordination with other agencies funded through congressional appropriations may be delayed. In particular, H-1B, H-1B1, and E-3 petitions that require DOL-issued LCAs will be affected.

• As of October 8, E-Verify has been restored after being unavailable from October 1 through October 7 due to the shutdown. Best practices to cover the period of unavailability include:

  • Creating Cases: Submit E-Verify cases by October 14 for hires made during the outage. Use the I-9 hire date and select “Other – E-Verify not available” as the delay reason.

  • Tentative Non Confirmations (TNC) Mismatches: Extend employee deadlines by 6 federal business days or reprint an updated “Referral Date Confirmation.” Do not add days for cases referred on/after Oct. 8.

  • Federal Contractors: Shutdown days don’t count toward compliance deadlines; contact your contracting officer if needed.

  • Employees: Those contesting mismatches also get 6 extra federal business days to contact SSA or DHS.

  • Support: Expect delays.

U.S. Department of State (DOS)

Visa and passport operations are expected to continue. If the shutdown continues for an extended period, some posts may restrict services to diplomatic visas and life-or-death emergencies.

U.S. Customs and Border Protection (CBP)

Ports of entry will remain open. However, certain applications filed directly at the border may face delays.

U.S. Immigration and Customs Enforcement (ICE)

ICE enforcement and removal operations will continue, with priority given to detained cases. The Student and Exchange Visitor Program (SEVP) is expected to remain open.

Executive Office for Immigration Review (EOIR – Immigration Court)

Hearings for detained individuals will continue. Non-detained docket hearings may be rescheduled for a later date, though at present, non-detained cases are still proceeding—this is a departure from prior shutdowns. Updated notices of hearing should be issued for any rescheduled cases.

Congressional Constituent Services

Some congressional offices may close or operate with limited staff. Availability will vary by office.

 

We are monitoring developments closely and will provide updates if new guidance is issued or if operations resume. Hopefully, this shutdown will be resolved quickly and normal processing will resume without significant disruption.