At a glance
- A stopgap spending measure was signed into law this weekend, temporarily averting a federal government shutdown while FY 2025 budget negotiations continue.
- A future federal shutdown is possible if Congress cannot reach an agreement on a spending measure or a further stopgap by March 14.
- If a shutdown occurs, Department of Labor immigration functions would be suspended, though most other immigration operations would have the funding to continue for some time.
The issue
President Biden signed a temporary stopgap measure funding the federal government through March 14, 2025, after the Senate voted to pass the measure early Saturday morning. Though government funding briefly lapsed, there was no practical impact to federal operations, including immigration functions.
Looking ahead
With the temporary spending measure now set to expire on March 14, Congress will continue to negotiate an appropriations bill for FY 2025. The measure will expire as employers are in the midst of preparations for the FY 2026 H-1B cap filing season, which will begin on April 1, 2025.
If there is no agreement on an appropriations bill or another stopgap by March 14, a shutdown would occur, which would lead to the suspension of Department of Labor (DOL) immigration functions, including processing of H-1B Labor Condition Applications (LCAs), though U.S. Citzenship and Immigration Services (USCIS) and State Department operations would continue for some time since they are largely funded by filing fees. Certain immigration programs – including E-Verify, the Conrad 30 program, and the EB-4 non-minister religious worker program – would also lapse.
What this means for employers
To minimize the risk of a shutdown impeding their H-1B cap filings, employers may want to work with their Fragomen teams now to identify Labor Condition Application (LCA) needs, and plan filings to ensure that certified LCAs are in hand in time for the upcoming cap season. Employers may also want to promptly identify other time-sensitive DOL needs that could be affected by a future shutdown.
Fragomen will closely monitor federal budget negotiations and will provide updates as developments occur.
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