The U.S. Government Shutdown: Its Impact on Immigration Cases

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

The U.S. government entered a partial shutdown at 12:01 a.m. (EDT) on October 1, 2025, after the president and congressional lawmakers could not reach an agreement to fund the federal government for fiscal year 2026.

Without the enactment of a continuing resolution to extend the government’s funding, certain aspects of immigration-related government services or processing will be adversely impacted. Fee-based services will generally remain in operation, including case processing by U.S. Citizenship and Immigration Services (USCIS) and visa appointments and issuance by the U.S. Department of State at embassies and consulates abroad. If a prolonged shutdown occurs, delays in processing by USCIS are possible, and consular operations by the U.S. Department of State may be affected or become limited.

Quick Hits

  • As of October 1, 2025, the U.S. government has officially shut down, triggering widespread furloughs and service disruptions as agencies begin implementing contingency plans.
  • Congressional negotiations remain deadlocked, with both parties entrenched in their positions and no bipartisan agreement in sight.
  • Fee-based operations, such as USCIS case processing and consular visa services, continue, though delays may occur if the shutdown persists.
  • The U.S. Department of Labor’s (DOL) immigration-related functions and E-Verify system are offline; U.S. Customs and Border Protection (CBP) continues essential operations.

As of this writing, the likelihood of federal lawmakers reaching a quick deal to reopen the federal government remains low. Both political parties are holding firm to their negotiating positions at this early stage because it can take some time for the tangible impacts of the shutdown to materialize. However, over time, pressure may grow on both parties to return to the bargaining table. For example, constituents who may be adversely impacted by the shutdown may put pressure on moderate Senate Democrats to join with Republicans in passing a “clean” continuing resolution. Similarly, Republicans’ position may be weakened if the shutdown threatens to have a negative impact on the country’s economy. Ultimately, history demonstrates that federal government shutdowns rarely result in a political “win” for either party.

CBP’s inspection and law enforcement functions are considered essential and should continue during the shutdown. Immigration-related applications that are processed at ports of entry are expected to be processed, though they could be affected by limited staffing.

The DOL’s immigration-related functions have shut down, and related websites have been taken offline, impacting the submission, access, and processing of Labor Condition Applications (LCAs), applications for permanent employment certification (PERM), and applications for temporary employment certification. This, in turn, can impact the filing or preparation of immigration matters such as H-1B, E-3, or H-1B1 petitions that utilize certified LCAs, I-140 petitions that utilize certified PERM applications, or other cases that rely on DOL-issued data.

Additionally, E-Verify will be offline, and participating employers will not have access to their accounts.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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