Government Shutdown: Most Immigration Cases Unaffected

Government Shutdown: Most Immigration Cases Unaffected

The deadline for approving a new budget has passed for the federal government, and as such, non-essential government functions will be discontinued starting today, October 1, 2025. Let’s discuss how the agencies involved with immigration will be impacted.

U.S. Citizenship and Immigration Services

USCIS is the agency responsible for adjudicating nonimmigrant and immigrant petitions, I-765 EAD applications, I-485 adjustment of status applications and many other applications for immigration benefits. USCIS is funded by the fees paid by petitioners and applicants for immigration benefits. As such, its operations will continue during the temporary government shutdown and petitions and applications will continue to be processed.

U.S. Customs and Border Protection

CBP is the agency responsible for admitting people into the U.S. As such, its function is considered essential, and it will not be impacted by the shutdown. All international ports of entry will remain open.

U.S. Immigration and Customs Enforcement

ICE is the agency that enforces U.S. immigration, customs, and trade laws. ICE detains violators of these laws and conducts criminal investigations. ICE is also considered essential, and its operations including removal operations will continue.

U.S. Embassies/Consulates

U.S. Embassies and Consulates, which processes nonimmigrant and immigrant visa applications, is funded by fees paid by applicants and should continue operations during the shutdown, although lack of funding may impact some consular posts, resulting in delays in some applications.

Department of Labor

DOL processes Labor Condition Applications (LCAs), PERM labor certification applications, and Prevailing Wage Determinations (PWDs). Its operations are not funded by fees, and its operations are considered non-essential.  As such, it will be fully impacted by a shutdown. Specifically, all LCAs (required to file H-1B petitions), PERMs and PWDs will not be processed during the shutdown.

E-Verify

The E-Verify system is unavailable during the shutdown. As such, E-Verify employers will not be able to verify employment eligibility or take any other action that requires access to an E-Verify account. The three-day rule for E-Verify cases is suspended, and the time period during which employees may resolve Tentative Nonconfirmations will be extended. Importantly, employers must not take adverse action against an employee whose employment eligibility verification cannot be confirmed in E-Verify due to a shutdown. Lastly, the temporary unavailability of E-Verify does not affect employers’ Form I-9 obligations.

Conclusion

While USCIS will remain operational throughout the shutdown, the fact that DOL will not be able to process LCAs will impact H-1Bs that are awaiting a certified LCA for filing. Additionally, those preparing to file their PERM application, or awaiting a decision on their pending PERM application, should prepare for delays in processing.

ILG will continue to monitor the situation. If you have any questions, please feel free to contact your ILG attorney or reach our firm at .