As Congress was unable to come to an agreement regarding the Fiscal Year 2026 budget, the government has officially "shutdown" as many of its departments and offices do not have funding to continue operations and pay its employees. However, many departments, including those related to immigration, are either considered "essential" or "self-funded" and will continue operations in at least some capacity during the shutdown. This blog will discuss the expected impacts of the government shutdown on agencies associated with immigration.
Key Impacts on Immigration Agencies
U.S. Citizenship and Immigration Services (USCIS)
USCIS is the primary agency for processing immigration benefits in the United States. Considered to be "self-funded", its operational costs are almost exclusively funded by the fees paid with petitions and applications. It is expected that nearly all USCIS functions will continue as usual, including interviews and naturalization ceremonies.
However, it is anticipated that the following services will fully cease or be greatly hindered during the shutdown as they are funded via Congressional appropriations:
- E-Verify may face temporary or longer-term unavailability, which could impact federal contractors and employers in states that mandate E-Verify use. USCIS previously confirmed that employers may continue to use the new alternate review process for remote I-9 document verification if E-Verify is temporarily unavailable due to a government shutdown. It is presumed that this will continue to be the case, as USCIS has not provided any guidance to the contrary.
- The Special Immigrant Religious Worker Program was scheduled to sunset on September 30, 2025 and thus will remain inactive unless and until it is included in a Continuing Resolution or an appropriations package is signed into law.
- Conrad 30 J-1 waiver applications for physicians will not be processed.
The EB-5 Immigrant Investor Regional Center Program should remain open as it was authorized through September 30, 2027. Though as it receives Congressionally appropriated funds, the program may be impacted.
Finally, when the government reopened after previous shutdowns, USCIS accepted late H-1B, H-2A, and H-2B filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown (i.e., the Department of Labor could not process Labor Condition Applications (LCA) during the shutdown). It is likely that this will be the case now as well, as USCIS has not provided any guidance to the contrary.
U.S. Customs and Border Protection (CBP)
CBP's law enforcement and inspection functions are considered "essential" and will remain operational. Ports of entry will remain open, and processing of passengers will continue. However, some support staff may be furloughed. This could cause delays in processing certain border applications, such as for L-1A, L-1B, and TN status for Canadian nationals.
U.S. Immigration and Customs Enforcement (ICE)
ICE's operations, also deemed "essential," will continue largely unaffected. This includes investigation, enforcement actions, deportation operations, and the maintenance of the Student and Exchange Visitor Information System (SEVIS), which is self-funded through fee payments.
U.S. Department of State (DOS)
Visa and consular services, which are primarily self-funded through Machine Readable Visa (MRV) fees, will generally remain operational. However, if fees are insufficient at specific posts, services may be limited to diplomatic visas and emergency situations ("life or death").
U.S. Department of Labor (DOL)
The DOL plays a crucial role in Labor Certification Applications (PERM, EB-2, EB-3), Prevailing Wage Determinations (PERM, EB-2, EB-3, H-1A, H-1B), and Labor Condition Applications (H-1B, H-1B1, E-3) through its Office of Foreign Labor Certification (OFLC) and Foreign Labor Application Gateway (FLAG). Processing of all pending applications is currently suspended, no new applications may be filed, and all related websites have been deactivated.
Additionally, all Board of Alien Labor Certification Appeals (BALCA) and DOL Administrative Law Judge (ALJ) dockets have also been suspended.
This will severely impact ongoing immigrant and nonimmigrant employment-based petitions. As noted above, after prior shutdowns, USCIS has accepted late H-1B, H-2A, and H-2B filings with proof that the late filing was due to the government shutdown. Unless contradictory guidance is provided, it is assumed that this will be the case again once the shutdown is over.
Executive Office for Immigration Review (EOIR)
Immigration courts, which are funded by Congress, generally cease most non-essential functions during a government shutdown. However, according to the EOIR's Immigration Court Operational Status website, all offices remain open as of 10/1/2025. Until further information is provided, we expect most EOIR operations to continue as they directly relate to ongoing enforcement and removal procedures.
Congressional Constituent Services
At times, assistance from a U.S. Senator or Representative's office may be utilized to help move a long-pending matter along or to rectify an erroneous decision by a federal agency. Some offices may close, or greatly reduce constituent services, as a result of the shutdown.
Predictions and Considerations
For the most part, the immigration system will likely experience less disruption compared to other federal agencies. ICE's enforcement activities will continue robustly, while the legal immigration system may face minor delays. The most significant impact will be on Department of Labor related processes and potentially non-detained immigration court operations, which may negatively impact case schedules and ICE enforcement strategies.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
