The United States federal government has shut down as of midnight (EDT), October 1, 2025. Because several different federal agencies oversee the adjudication and enforcement of immigration law, we expect the impact of the shutdown will vary depending on the agencies adjudicating individual immigration benefits.
Consistent with agency operations during previous shutdowns, we have provided an overview below of our expectations for this current shutdown. There remain open questions and we will provide updates in the event of any changes.
AGENCY OPERATIONS –
- Department of Labor: Because it is funded via Congressional appropriations, many of the Department of Labor functions will cease operations during the shutdown. Included in this furlough, the Office of Foreign Labor Certifications will cease processing all applications – including the following:
- Labor Condition Applications (LCAs)
- Prevailing Wage Determinations
- Labor Certifications
- All Department of Labor websites, including the FLAG system, will also be deactivated during the shutdown.
Because of the operational limitations of the Department of Labor, petitioners will likely be unable to file H-1B, E-3, or H-1B1 petitions without certified Labor Condition Applications and there could be certain delays in Labor Certification processing. The Office of Foreign Labor Certification has not yet announced how it will handle cases with filing deadlines impacted by the shutdown – which could include Labor Certification filings with ongoing recruitment clocks and Labor Certifications with expiring prevailing wages.
- USCIS: Because this agency is funded by filing fees, it is most likely that it will remain open and operating throughout the course of the shutdown. With that said, certain USCIS programs do receive appropriated funds, and therefore may be impacted. Such programs include:
- E-Verify
- Note: While the E-Verify site will be deactivated during the shutdown, it is expected that qualifying employers are authorized to use alternative document review processes for remote Form I-9 document verification.
- Special Immigrant Religious Worker Program
- Note: The program sunset as of September 30, 2025 and cannot continue unless it is included in a new Continuing Resolution or appropriations package.
We note that in the past, USCIS has accepted late I-129 filings when the primary reason for failing to submit a timely request for an extension or change of status was due to the government shutdown. However, as of the publication of this notice, it has not made any specific announcements of leniency related to this shutdown. Specifically, the government shutdown could impact H-1B, H-1B1, and E-3 petitions.
- Department of State: Like USCIS, the Department of State’s visa processing operations are largely funded through fees. We therefore expect Embassies and Consulates will remain open during the shutdown and will continue processing visas. If you have an appointment during this time, you can expect it to move forward. We also expect that those requiring appointments will be able to continue scheduling future appointments.
Despite the expectation of continued operations, it is possible that there may be staffing shortages at certain posts and delays in certain services based on resource constraints including J-1 waiver applications. We recommend that those with visa appointments follow up with our office prior to their appointments to confirm operations at individual posts.
- S. Customs and Border Protection: Ports of Entry will remain open during the shutdown and CBP officers will continue to process passengers for entry into the United States. Please note, however, that some processing may be delayed due to resource constraints.
