A government shutdown may occur if the U.S. Congress does not pass a continuing resolution by September 30, 2025. The shutdown would impact certain immigration-related services and operations. Below is an overview of the potential impacts as well as some strategies to consider in the event of a government shutdown.
Quick Hits
- A government shutdown may occur if the U.S. Congress does not pass a continuing resolution by September 30, 2025, impacting certain immigration-related services and operations.
- During a government shutdown, the U.S. Department of Labor will cease all immigration-related functions, including processing Labor Condition Applications and PERM applications.
- The E-Verify system will be taken offline during a government shutdown, preventing employers from initiating or managing cases.
Background
The federal government is currently funded by a continuing resolution expiring on September 30, 2025, at 11:59 p.m. If a new continuing resolution is not passed before that deadline, nonessential functions of the federal government will be forced to shut down until Congress appropriates new funding. The longest government shutdown occurred in 2018–2019 and lasted for thirty-five days.
A government shutdown impacts agencies involved in immigration functions as follows:
U.S. Citizenship and Immigration Services (USCIS): USCIS's operations are primarily funded by filing fees rather than government funding. It is, therefore, expected that most of its offices will continue to operate, albeit with a diminished staff during a shutdown. However, significant processing delays are likely to occur because USCIS relies upon other government agencies to perform its services, including work visa petitions that require labor condition applications (LCAs) certified by the U.S. Department of Labor, as discussed below. Programs that are supported by appropriated funding, including E-Verify (see below), Conrad 30 J-1 Doctors, and non-minister religious workers may be impacted by a shutdown. USCIS has previously confirmed they will accept extension of stay requests that were unable to be filed due to “extraordinary circumstances.”
U.S. Customs and Border Patrol (CBP): CBP inspection and law enforcement functions are considered essential and should not be impacted, although staffing may be more limited than usual. This includes operations at ports of entry and passenger processing. However, CBP is uncertain how the shutdown will affect the overall processing of applications filed at the border.
U.S. Department of Labor (DOL): The DOL will cease its immigration-related functions during a government shutdown because the agency does not rely upon user fees and is dependent on government funding. In the event of a government shutdown, the DOL will neither accept nor process any applications or related materials (such as audit responses), including LCAs, applications for prevailing wage determination, applications for temporary employment certification, or applications for permanent employment certification. Additionally, the DOL's websites, including the Foreign Labor Application Gateway (FLAG) website, will be taken offline.
U.S. Department of State: The State Department, which receives funding in accordance with the annual State, Foreign Operations and Related Appropriations Act, as well as through fees generated by visa applications and other appropriations, may be able to operate for a limited time. Therefore, consular services should continue uninterrupted for a short term. If the shutdown becomes protracted, consular operations may eventually be impacted.
E-Verify: During a government shutdown, the E-Verify system will be taken temporarily offline. Participating employers will not be able to access their accounts to initiate cases or take action on existing cases. Employees will not be able to access the system to resolve tentative nonconfirmations (TNCs).
Analysis and Impact
An extended government shutdown will likely create significant consequences for employers and employees applying for immigration benefits, especially work visas that require DOL certifications, and PERM applications. Strategies that can help mitigate the impact of the government shutdown include:
E-Verify: USCIS has previously advised employers that they can use the alternate document review process for remote I-9 verification if the E-Verify system is offline. Employers should still continue to perform I-9 verifications and submit E-Verify cases for new hires after the E-Verify system becomes available again.
Work Visa Extensions: If the government shutdown prevents an employer from timely submitting a work visa extension, USCIS may recognize this as an extraordinary circumstance and extend additional flexibility on a case-by-case basis. For example, if an employer could not obtain a certified LCA in time to file an H-1B extension due to the government shutdown, USCIS may extend favorable discretion to excuse the late filing.
PERM applications: The DOL allows employers to file the PERM application by mail or online. If the FLAG website is offline due to a government shutdown, employers may submit PERM applications to the DOL by mail to ensure applications are timely filed within the proscribed timeframes. Employers may want to retain proof of delivery as evidence of having timely filed their PERM applications.
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.
