1 October 2025
When the U.S. federal government experiences a funding lapse, as it has most recently at 12:01 AM on October 1, 2025, the effects ripple through every sector of the country, including immigration services. Whether you’re an employer sponsoring foreign talent or an individual waiting on a visa, it’s essential to understand how a shutdown may impact your immigration plans.
What Is a Government Shutdown?
A government shutdown happens when Congress fails to pass the necessary funding legislation to keep federal agencies operational. As a result, agencies that rely on annual congressional appropriations either scale back significantly or close altogether.
Some immigration-related departments are fee-funded, meaning they continue to operate during shutdowns, while others depend on congressional funding and are affected immediately.
Immigration Services That Continue to Operate
The good news is that most core immigration services are still functioning. Here’s what’s still operational:
- U.S. Citizenship and Immigration Services (USCIS)
USCIS is fee-funded, so its operations continue during a government shutdown. This means:
- H-1B, L-1, O-1, and other visa petitions are still being processed
- Adjustment of Status (I-485) and Employment Authorization Documents (EADs) applications continue
- Green card processing and naturalization applications are still moving forward
- Consular Processing and Visa Services Abroad
U.S. consulates and embassies worldwide continue processing visas
Interview appointments and visa issuances are still occurring unless local consulates announce specific service suspensions due to lack of staff or resources
- SEVIS System for International Students
The Student and Exchange Visitor Information System (SEVIS) continues functioning, ensuring F-1 and J-1 student compliance tracking remains uninterrupted.
- Customs and Border Protection (CBP)
Border inspections, admissions at ports of entry, and other CBP operations are considered essential and will continue during the shutdown.
Immigration Services That Are Temporarily Shut Down
Some critical immigration processes are administered by the U.S. Department of Labor (DOL), which relies on congressional funding. This means a full shutdown of DOL services takes effect during this funding lapse.
- No New PERM Labor Certification Filings
Employers seeking to sponsor foreign nationals for employment-based green cards under EB-2 or EB-3 categories cannot file new PERM applications during the shutdown.
- Labor Condition Applications (LCAs) on Hold
Employers cannot file or obtain certification for Labor Condition Applications (LCAs) required for H-1B and E-3 visa petitions.
Without a valid LCA, new H-1B or E-3 petitions cannot be filed.
- E-Verify System Offline
The E-Verify system, used by employers to confirm employment eligibility, is temporarily offline.
Employers will not be penalized for delays in E-Verify processes during the shutdown period.
- Immigration Court Hearings (Non-Detained Cases)
The Executive Office for Immigration Review (EOIR) postpones hearings for individuals not held in detention.
Only detained dockets continue to move forward.
Why This Matters: Critical Impacts for Employers and Foreign Nationals
The shutdown does not halt all immigration, but the bottlenecks created by the DOL’s closure can significantly delay or disrupt key employment-based immigration processes.
For Employers:
- No New H-1B or E-3 Petitions: If your business is hiring a foreign worker and needs to file an LCA first, you’re temporarily blocked from doing so.
- Green Card Sponsorship Delays: Employment-based green card cases that require a new PERM labor certification are also on hold.
- Hiring Delays: These disruptions may stall recruitment plans, onboarding timelines, and workforce planning—especially in sectors that rely heavily on international talent (e.g., tech, healthcare, manufacturing).
For Employees and Foreign Nationals:
- Status Extensions Affected: If your work visa or status is expiring and your employer can’t file a new petition due to lack of an LCA, you may be at risk of falling out of status unless USCIS accepts a late filing (see below).
- Delays in Green Card Process: Those on temporary visas transitioning to permanent residency through employment may face unexpected pauses.
- No Immediate Fix: The DOL services will remain inaccessible until Congress passes a funding bill and the agency reopens.
What You Should Do Right Now
While we await a resolution from Congress, there are steps you can take today to protect your immigration case or employee’s case:
- If You Already Have a Certified LCA – File Now
If your employer has an approved LCA on file, submit your USCIS petition immediately.
USCIS will continue accepting and processing petitions even during the shutdown.
- If You Need a New LCA – Document the Delay
If your petition is delayed due to the DOL shutdown, make sure to document the circumstances.
USCIS has historically accepted late filings that were clearly impacted by federal shutdowns, especially if supported with evidence like DOL outage notices or internal communications.
- Continue with Non-DOL-Dependent Petitions
Petitions that do not require DOL certification—such as L-1 intra-company transfers, O-1 visas for individuals with extraordinary ability, EB-1 petitions, National Interest Waivers (NIW), or family-based petitions—can proceed as usual.
How Long Will the Shutdown Last?
There is no fixed timeline for how long a government shutdown will last. Historically, shutdowns have ranged from just a few hours to over a month (35 days). The longer the impasse, the more backlogs and delays build up.
Employers and foreign nationals should prepare for potentially prolonged disruptions in DOL-based services and should seek legal guidance to adjust immigration strategies accordingly.
💼 Who Should Be Most Concerned?
This shutdown will be most disruptive to:
- Tech companies hiring H-1B professionals
- Hospitals sponsoring international medical staff
- Manufacturers relying on foreign skilled or unskilled labor
- International employees approaching the end of their status
- HR professionals managing visa timelines
At VKM Law Group, we help clients navigate complex immigration laws—including during federal government shutdowns. Our attorneys are monitoring updates daily and advising businesses on:
- Contingency planning for visa filings
- Documenting shutdown-related delays
- Strategies to move forward with non-DOL-based visa categories
- Preparing filings in advance for when the DOL reopens
If your company or your immigration case has been impacted, don’t wait. Connect with an experienced immigration attorney in New Jersey today to evaluate your next steps.
Have questions about how the government shutdown affects your immigration case?
Let’s talk. Our team is here to guide you with practical, effective solutions.
Key Takeaways
- USCIS, CBP, and visa processing continue normally
- DOL is completely shut down, blocking new PERM and LCA filings
- E-Verify and immigration court for non-detained cases are paused
- Employers should act now to file USCIS petitions if an LCA is already approved
- Be prepared for delays and stay in compliance by documenting everything