Immigration Impact of Government Shutdown

The federal government shut down at 12:01 a.m. Eastern Time on October 1, 2025, the first shutdown in six years. After Congress failed to pass funding legislation before the September 30th deadline, all non-essential federal functions have been suspended.

For those navigating the US immigration system, this creates both disruptions and uncertainty. However, not all immigration services are affected equally. Understanding what's operating, what's shut down, and what you need to do right now is critical.

What Led to This Shutdown

House Republicans passed a continuing resolution to fund the government through November 21, 2025, maintaining current spending levels. However, Senate Democrats have blocked the measure, demanding two key provisions: extension of Affordable Care Act subsidies set to expire in December, and reversal of Medicaid cuts included in the "One Big Beautiful Bill Act" passed in July 2025. Senate passage requires 60 votes, meaning some Democratic support is necessary.

As of now, negotiations continue, but there's no clear timeline for resolution. Previous shutdowns have lasted anywhere from a few days to 35 days (the longest in US history, from December 2018 to January 2019).

Immigration Services Operating Normally

USCIS (U.S. Citizenship and Immigration Services)

USCIS remains fully operational. As a fee-funded agency, USCIS does not rely on congressional appropriations and continues to process applications and petitions. Your cases are moving forward.

What's working:

• All fee-based petitions (H-1B, L-1, O-1, EB-1, EB-2, EB-3, etc.) continue processing
• Adjustment of status applications proceed normally
• Naturalization applications continue
• Employment Authorization Documents (EADs) are being processed and issued
• Advance Parole documents continue
• Premium processing services remain available
• Interviews at field offices proceed as scheduled
• Biometrics appointments continue

Exception - Appropriated programs now suspended:

• E-Verify system is offline. Employers cannot access E-Verify to verify employment eligibility.
• Conrad 30 J-1 waiver program processing has been suspended.
• Special Immigrant Religious Worker Program sunset on September 30, 2025, and remains expired unless Congress extends it.

E-Verify workaround: USCIS has historically allowed employers to use the alternate remote I-9 document verification process when E-Verify is unavailable. Employers should continue completing Form I-9 as required but cannot create E-Verify cases until the system comes back online. Document your attempts and note "Federal Government Shutdown" when the system later asks why you're outside the three-day window.

EB-5 Regional Center Program continues operating normally, as it was authorized through September 30, 2027.

Department of State (DOS) - Consular Services

Consular posts worldwide continue operating normally. Visa interviews proceed as scheduled, and visa processing continues.

What's working:

• Visa interviews and processing at all consulates and embassies
• Passport services
• Consular reports of birth abroad
• Notarial services

Possible exception: Individual consular posts experiencing insufficient fee revenue may reduce services to diplomatic visas and emergencies only. Check your specific consulate's website if you have an upcoming interview, though most posts are operating normally.

Customs and Border Protection (CBP)

All ports of entry remain open. Border inspection and law enforcement personnel are classified as essential and continue working without interruption. Additionally, CBP received substantial multi-year funding from the One Big Beautiful Bill Act in July 2025, providing an extra cushion during this shutdown.

What's working:

• Entry inspections at all ports
• Customs processing
• Border security operations
• Passenger processing

What may be delayed:

• Applications filed at the border (TN visas, for example) may face processing delays due to reduced staffing

ICE - Student and Exchange Visitor Program (SEVP)

SEVP operates on fees and continues functioning normally.

What's working:

• SEVIS system fully operational
• DSO/ARO access to SEVIS
• Processing of student status changes
• International student compliance monitoring

Like CBP, ICE received unprecedented multi-year funding through September 2029 in the One Big Beautiful Bill Act, further insulating it from shutdown impacts.

Immigration Services That Are Shut Down

Department of Labor (DOL) - Complete Shutdown

The Office of Foreign Labor Certification (OFLC) has completely suspended operations. This creates the most significant disruption for employment-based immigration. All DOL personnel are furloughed and unavailable.

What's shut down:

• All PERM labor certification processing - No new applications can be filed, and pending applications are frozen
• Labor Condition Application (LCA) certifications - No LCAs for H-1B, H-1B1, or E-3 visas can be filed or certified
• H-2A and H-2B temporary labor certifications - All processing stopped
• Prevailing wage determinations - No new requests accepted, pending requests frozen
• FLAG system is offline - The system used to file PERM and LCAs is inaccessible
• All DOL websites are deactivated or showing limited information
• BALCA and DOL ALJ administrative appeals and hearings are on hold
• Email and phone support - No one is available to respond

Critical impact: Employers cannot file new H-1B petitions requiring LCAs. New employment-based green card cases requiring PERM cannot proceed. Extensions requiring new LCAs are blocked.

Limited USCIS capability: USCIS can still access data that was uploaded from FLAG into VIBE before the shutdown, allowing continued adjudication of some H-2 and PERM-based I-140 petitions already in process.

EOIR (Executive Office for Immigration Review) - Partial Shutdown

Immigration courts are operating with significant limitations, with different treatment for detained versus non-detained cases.

What continues:

• Detained docket cases proceed
• Master calendar hearings for detained individuals
• Individual hearings for detained individuals
• Credible fear reviews (classified as essential)
• Family Expedited Removal Management (FERM) cases

What's shut down:

• Non-detained docket cases are being rescheduled. If your hearing was scheduled during the shutdown, expect a new notice of hearing.
• Administrative appeals may face delays
• Court staff availability for filing questions is limited

ECAS filing: The Electronic Case Access System remains available for document uploads, but filings may not be accepted until funding resumes. Check the Immigration Court Operational Status website for updates on your specific court.

ICE Enforcement and Removal Operations (ERO)

ERO continues as an essential function. The Office of Principal Legal Advisor (OPLA) is focusing resources on detained cases during the shutdown.

What continues:

• Enforcement operations
• Custody operations
• Detained case representation by ICE attorneys
• Scheduled phone calls and visitation for detained individuals

Impact by Visa Type: Current Status During Shutdown

Visa Type	What's Happening Now	What Happens When Shutdown Ends	What You Should Do NOW
F-1 (Student)	Minimal Impact. SEVIS operational. School enrollment, OPT applications, CPT authorizations continue. E-Verify is offline for OPT employers.	E-Verify resumes. Any delayed verifications completed.	If you have OPT employment, inform your employer E-Verify is offline. They should use alternate I-9 verification and document the shutdown as reason for delay. Your DSO can continue processing all F-1 matters.
F-2 (F-1 Dependent)	No Impact. Status continues normally.	N/A	None required.
J-1 (Exchange Visitor)	Minimal Impact. Program sponsors operating normally. Conrad 30 waiver processing suspended.	Conrad 30 applications resume. Processing delays will be addressed.	If you have pending Conrad 30 waiver, expect significant delays. Document all communications. Contact program sponsor about specific impacts.
J-2 (J-1 Dependent)	No Impact. EAD applications processing at USCIS continues.	Normal processing continues.	File EAD applications as normal. Monitor case status online. Premium processing continues.
H-1B	Significant Impact for New LCAs. Existing H-1B petitions with certified LCAs continue processing at USCIS. Cannot file new H-1B petitions requiring new LCAs (DOL offline). Extensions with existing LCAs proceed. Consular visa stamping continues.	DOL resumes LCA processing. USCIS has historically accepted late filings with shutdown evidence. New H-1B petitions can resume.	If extension needed NOW: If you have certified LCA, file immediately. If you need new LCA, you cannot file until DOL reopens - gather evidence of shutdown impact. If status expiring soon: Document shutdown prevented timely filing. File immediately when DOL reopens. Consider cap-exempt options. If LCA was pending: It's frozen until DOL reopens.
H-4 (H-1B Dependent)	No Impact. Extensions and EAD applications continue at USCIS.	Normal processing.	File extensions and EADs as normal. USCIS continues processing.
H-2A / H-2B	Complete Shutdown. Cannot file new temporary labor certifications. USCIS continues processing petitions with approved certifications. Pending DOL certifications frozen.	DOL resumes processing where it left off. May issue guidance on missed deadlines.	If you have approved certification: File USCIS petition immediately. If certification pending at DOL: It's frozen. Cannot proceed until reopening. Document timeline. For January 2026 H-2B: Monitor for DOL guidance on whether randomization period will be adjusted. Prepare applications now so you're ready to file immediately upon reopening.
L-1 (Intracompany Transfer)	No Impact. USCIS continues processing all L-1 petitions. No LCA required. Consular processing continues.	Normal operations.	File extensions or new petitions as planned. Premium processing available. Schedule consular appointments if needed.
L-2 (L-1 Dependent)	No Impact. EAD applications continue.	Normal operations.	File as normal.
O-1 (Extraordinary Ability)	No Impact. USCIS processing continues. No DOL requirements. Consular processing continues.	Normal operations.	File petitions as planned. Premium processing available.
O-2 / O-3 (O-1 Dependents)	No Impact. Processing continues.	Normal operations.	File as normal.
E-1 / E-2 (Treaty Traders/Investors)	Minimal Impact. Consular processing continues. USCIS processing continues.	Normal operations.	Proceed with consular appointments. File USCIS petitions if applicable.
E-3 (Australian Specialty)	Significant Impact for New LCAs. Extensions with existing certified LCAs continue. Cannot file new E-3 petitions requiring new LCAs (DOL offline). Consular processing continues if LCA already certified.	DOL resumes LCA processing.	If you have certified LCA: Proceed to consulate or file with USCIS. If you need new LCA: Cannot file until DOL reopens. Document shutdown impact for late filing.
TN (NAFTA Professional)	Possible Delays. Border applications may face processing delays. USCIS petitions continue processing.	Normal border processing efficiency resumes.	Consider filing I-129 with USCIS for more certainty. If applying at border, allow extra time and bring all documentation.
B-1/B-2 (Visitor)	No Impact. Consular processing continues. CBP entry processing continues. USCIS extensions continue.	Normal operations.	Proceed with travel plans, visa appointments, and extension applications as planned.
PERM-based Green Cards (EB-2, EB-3)	Complete Shutdown. Cannot file new PERM applications. Pending applications frozen. USCIS continues processing I-140s with approved PERMs. I-485 adjustments continue.	DOL resumes PERM processing. Will likely issue guidance on missed deadlines. Cases may need recruitment restarted if deadlines lapse.	If deadline passed Sept 30: You missed it due to shutdown. Document everything. Wait for DOL guidance on deadline extensions. If I-140 approved: File I-485 as planned - that continues at USCIS. If recruitment in progress: Timeline frozen. Monitor for DOL guidance on whether you can resume or must restart.
EB-1 (Extraordinary Ability / Multinational Executive)	No Impact. No DOL requirements. USCIS continues processing I-140s and I-485 adjustments. Consular processing continues.	Normal operations.	File petitions as planned. Premium processing available for I-140s.
EB-2 NIW (National Interest Waiver)	No Impact. No DOL requirements. USCIS continues processing I-140s and I-485 adjustments.	Normal operations.	File petitions as planned. Premium processing available for I-140s.
EB-5 (Immigrant Investor)	No Impact. Regional Center Program authorized through Sept 30, 2027. USCIS continues processing I-526/I-829 petitions and I-485 adjustments.	Normal operations.	File petitions as planned. Program continues unaffected.
Family-Based Green Cards	No Impact. USCIS continues processing I-130 petitions and I-485 adjustments. Consular processing continues.	Normal operations.	File petitions and adjustments as planned. Interviews continue at USCIS and consulates.

What You Should Do Right Now

If Your Status Is Expiring Soon

For non-DOL-dependent cases (L-1, O-1, EB-1, Family-based, etc.): File your extension or adjustment immediately if you haven't already. USCIS continues processing, and timely filing protects your status.

For H-1B or E-3 extensions requiring new LCAs: You're in a difficult position. You cannot file until DOL reopens because you need a certified LCA. Here's what to do:

1. Document everything: Save news articles about the shutdown, screenshots showing DOL/FLAG system offline, dated evidence of your attempts to file.
2. Prepare your petition completely: Have everything ready so you can file the instant DOL reopens and certifies your LCA.
3. File LCA immediately when DOL reopens: Current LCA processing time is about 7 days, so factor that in.
4. Include shutdown evidence with USCIS petition: Based on prior shutdowns, USCIS has accepted late I-129 filings when the petition includes evidence that the shutdown was the primary reason for the delay.
5. Consider alternatives: If you're worried about a gap in status, explore whether you might qualify for a cap-exempt H-1B that doesn't require a new LCA, or whether another visa category applies.

If You Had DOL Deadlines That Just Passed

If you were unable to file a PERM application, prevailing wage request, or LCA by September 30th due to the shutdown:

1. Document your timeline completely: Show when you started the process, when you intended to file, evidence of the shutdown blocking your filing.
2. Monitor for DOL guidance: After prior shutdowns, OFLC has issued guidance on deadline flexibility. Watch for similar announcements.
3. Be ready to file immediately: Have everything prepared so you can file the moment DOL systems come back online.
4. For PERM cases: If recruitment deadlines lapse significantly, you may need to restart recruitment. Consult with your attorney about your specific timeline.

If You Have Upcoming Visa Interviews

Most consular appointments continue as scheduled. However:

• Verify your appointment: Check your consulate's website for any shutdown-related changes.
• Bring extra documentation: Given reduced staff at some posts, ensure you have comprehensive documentation.
• Allow extra time: Processing may be slightly slower with reduced staffing.
• If your interview is cancelled: The consulate will reschedule and notify you.

If You're in Immigration Court Proceedings

Detained cases: Your hearings are proceeding as scheduled. Prepare as planned.

Non-detained cases: If your hearing falls during the shutdown:

1. Check Immigration Court Operational Status: Visit the EOIR website for specific information about your court.
2. Expect rescheduling: Courts will issue new hearing notices, but this takes time.
3. Don't assume anything: Verify through official channels - don't rely on assumptions.
4. Maintain contact with your attorney: Stay informed about your specific case status.

ECAS filings: You can upload documents, but they may not be processed until funding resumes. File as required, noting that acceptance is delayed due to the shutdown.

If You're Planning to File Green Card Applications

PERM-based (EB-2, EB-3): You cannot file new PERM applications right now. If you were in the middle of recruitment or had imminent deadlines, document everything and wait for DOL guidance on deadline extensions.

Non-PERM cases (EB-1, NIW, Family-based): File as planned. These continue processing at USCIS without DOL involvement.

Already have approved I-140: File I-485 adjustment of status as planned. USCIS continues processing normally.

For Employers

Immediate actions:

1. Review all pending cases: Identify which employees have H-1B or E-3 status expiring soon and need new LCAs.
2. Use alternate I-9 verification: With E-Verify offline, implement the alternate remote document review process USCIS has previously authorized.
3. Document E-Verify unavailability: When E-Verify comes back online and asks why verification is late, note "Federal Government Shutdown" as the reason.
4. Prepare to act quickly: Have all LCA and PERM applications ready to file immediately when DOL reopens.
5. Communicate with affected employees: Let them know their cases are on hold and what you're doing to prepare.
6. Brief HR teams: Ensure everyone understands the I-9 completion requirement continues even though E-Verify is unavailable.

For Individuals

Right now:

1. Check your status expiration dates: Know exactly when your current status expires.
2. Gather evidence of shutdown impact: If the shutdown is preventing you from filing something, document it thoroughly.
3. Stay informed: Monitor USCIS, DOL, and EOIR websites for agency updates.
4. Maintain status protection: If you have a timely-filed extension pending, you have status protection even if the receipt hasn't arrived yet.
5. Keep your attorney updated: If circumstances change or deadlines become critical, inform your attorney immediately.
6. Don't panic about USCIS cases: Your pending USCIS petitions and applications continue processing normally.

When the Government Reopens: What Happens Next

Immediate Resumption (Day 1)

• USCIS continues uninterrupted (it never stopped)
• Consular operations continue normally
• CBP border operations continue normally
• SEVP/SEVIS remains operational

Phased Resumption (Days 1-3)

• DOL/OFLC systems come back online - FLAG becomes accessible
• DOL begins accepting applications - PERM, LCA, prevailing wage requests can be filed
• E-Verify system returns - Employers can create cases and verify employment eligibility
• Immigration courts resume non-detained dockets - Rescheduling notices issued
• DOL staff return - Email and phone support becomes available

Backlog Management (Ongoing)

DOL processing:

• Applications are typically processed in the order received before and during the shutdown
• DOL may issue guidance on deadline flexibility and extensions
• Some cases may receive expedited treatment if critical deadlines are at stake
• Current processing times will likely increase due to backlog

USCIS considerations:

• Based on prior shutdowns, USCIS has accepted late I-129 filings when evidence shows shutdown was the primary cause of delay
• Include shutdown evidence (news articles, DOL system screenshots, dated attempts to file) with late petitions
• USCIS may extend additional flexibility for E-Verify compliance deadlines

Immigration court rescheduling:

• Non-detained cases will be reset based on court availability
• Expect delays in receiving new hearing notices
• Court backlogs may increase processing times

DOL deadline guidance: After previous shutdowns, OFLC has provided:

• Extended filing deadlines for applications pending during shutdown
• Flexibility for recruitment steps interrupted by shutdown
• Case-by-case consideration of extraordinary circumstances
• Guidance on whether recruitment timelines can resume or must restart

How Long Might This Last?

There's no certain answer, but historical context provides some guidance:

Recent shutdowns:

• January 2018: 3 days
• January-February 2018: Less than 1 day
• December 2018-January 2019: 35 days (longest in US history)
• 2019-2024: Several near-shutdowns averted at the last minute

Current situation factors:

• Republicans need Democratic support in Senate (60-vote threshold)
• Key sticking points: ACA subsidies and Medicaid funding
• Both sides have stated positions they're defending
• No immediate signs of compromise, but negotiations continuing

Fundamentally, shutdowns are politically costly, and pressure typically builds to resolve them quickly. However, when both parties are dug in on policy issues (as appears to be the case now), resolution can take longer.

Staying Informed During the Shutdown

Official sources to monitor:

For immigration agencies:

• USCIS.gov - Case status, operational updates, shutdown guidance
• DOL OFLC - Will post reopening announcements and deadline guidance when operational
• travel.state.gov - Consular operations updates
• EOIR Immigration Court Status - Court-specific operational information
• Your specific consulate's website - Local operational updates

For shutdown resolution:

• Congressional news sources
• White House statements
• Agency contingency plans and updates

Professional resources:

• Your immigration attorney
• AILA (American Immigration Lawyers Association) practice alerts
• Reputable immigration law firm websites

The Bottom Line

This shutdown creates real disruptions, but the impact is concentrated in DOL-dependent processes. Most immigration services continue operating normally:

Operating normally:

• USCIS processing of all fee-based petitions and applications
• Consular visa processing worldwide
• Border entry and inspection
• Student visa system (SEVIS)
• Most green card applications
• All non-DOL-dependent visa categories

Shut down:

• DOL labor certifications (PERM, LCAs, prevailing wages)
• E-Verify system
• Immigration court non-detained dockets
• Conrad 30 J-1 waiver program

Most critical impact: Employers cannot file new H-1B or E-3 petitions requiring new LCAs, and employment-based green card cases requiring PERM cannot proceed.

Key strategy: Document everything related to shutdown impacts on your cases. When DOL reopens, both the agency and USCIS have historically shown flexibility for genuinely shutdown-affected cases, but documentation is essential.

As a practical matter, if you're uncertain how the shutdown affects your specific situation, consult with an immigration attorney. The goal right now is to protect your status, document any shutdown impacts, and be ready to act immediately when services resume.

While shutdowns create uncertainty and frustration, most immigration matters will proceed with manageable disruptions. The key is understanding what's affected, taking appropriate action now, and being prepared to move quickly when normal operations resume.

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This guide reflects the current government shutdown that began October 1, 2025. The situation is evolving. Verify current information through official agency sources and consult with qualified immigration counsel for case-specific guidance.

Last Updated: October 1, 2025, 7:00 AM ET