While the U.S. government continues to negotiate regarding the federal budget for Fiscal year 2026, some immigration-related agencies and functions would be suspended if no stopgap spending measure is introduced.
Specifically, a shutdown would mean the following:
- Fee-based immigration processing and filings would continue. This ability to continue operations would affect USCIS for nonimmigrant and immigrant petitions, the U.S. Passport Agency. Some agency operations would cease, including USCIS E-Verify, the EB-4 non-minister religious worker program and Conrad 30 programs for doctors.
- U.S. Department of Labor operations would cease functioning. This would include processing of PERM labor certifications and labor condition application filed in support of H1B petitions.
- U.S. Department State Visa processing and U.S. citizenship document requests would continue to be processed so long as filing fees remain available but since federal buildings are federally funded, some passport offices – if located in federal buildings – could be closed.
- U.S. Customs and Border Protection (USCBP) – Ports of entry and CPB operations will remain up and running as they are considered ‘essential’ services for the U.S. Government.
- E-Verify – E-Verify would be suspended until new legislation passed and tentative non-confirmations, and the ability to reverify employment would be hindered. U.S. employers would not be permitted to take negative or adverse action against employees due to any shutdown of E-Verify. Employers are incumbent to continue to adhere to I-9 obligations as usual.
- SAVE – The SAVE system, including State motor vehicle departments – which is used to verify individual applicants’ requests to verify status will remain in place and operational
- CONRAD 30 Program – for doctors – would expire without legislation if not continued beyond September 30th.
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