Insight Government Shutdown: Impact on U.S. Immigration Services
By Michelle Williams,
On October 1, 2025, the U.S. federal government shut down due to the lack of an approved spending bill. This shutdown has varying effects on immigration-related services, depending on how each agency is funded. Below is a summary of how a shutdown will impact immigration processes and what clients should expect.
- U.S. Citizenship and Immigration Services (USCIS)
- Status: Largely operational
- Why: USCIS is primarily fee-funded and will continue to process most applications and petitions, including:
- I-129 (work visa petitions)
- I-130 (family petitions)
- I-140 (employment petitions)
- I-485 (Adjustment of Status)
- N-400 (Naturalization)
- Delays Possible: Some non-fee-funded programs (e.g. E-Verify, Conrad 30 waiver program, non-minister religious workers) may be suspended or delayed.
- Action: Continue to prepare and file applications as normal but expect processing delays in some areas.
- U.S. Department of Labor (DOL)
- Status: Most operations will pause during a shutdown
- Impacted Services:
- PERM Labor Certifications
- Prevailing Wage Determinations
- Labor Condition Applications (LCAs) – Required for H-1B, H-1B1, and E-3 filings
- Consequences: Employers will be unable to file H-1B, H-1B1, or E-3 petitions until LCAs can be certified once the DOL resumes operations.
- Action: Prepare LCAs and PERM applications in order to file as soon as DOL resumes operations in order to avoid further delays.
- U.S. Department of State (DOS) – Consulates & Embassies
- Status: May remain open for visa services, depending on available funding.
- Likely Impacts:
- Visa interviews and processing may continue in the short term
- Delays possible if the shutdown is prolonged or resources are exhausted.
- Action: Applicants should attend scheduled visa appointments but prepare for potential delays in processing or scheduling.
- U.S. Customs and Border Protection (CBP)/Immigrations Customs and Enforcement (ICE)
- Status: Considered essential and will remain operational.
- Impact: Ports of entry will remain open, and international travel can continue. However, deferred inspection sites or non-essential functions may experience delays. ICE enforcement operations will continue as normal.
- Executive Office for Immigration Review (EOIR) – Immigration Courts
- Status: Limited operations. During past government shutdowns, EOIR non-detained cases were postponed, however at this time, all immigration courts (detained/non-detained) are continuing operations as normal.
- Impact:
- Detained cases will continue
- Non-detained hearings are continuing but will likely be postponed if the shutdown is prolonged.
- Action: Clients with pending court dates should check for updates and coordinate with counsel.
- E-Verify
- Status: Is unavailable during a shutdown.
- Impact: Employers cannot initiate or process E-Verify cases.
- Action: Employers will not be penalized for E-Verify-related delays during the shutdown. Continue I-9 compliance using other means.
What Employers & Applicants Should Do Now
- Plan for Delays: Even agencies that remain open may be indirectly affected by staff shortages or increased demand after the shutdown ends.
- Monitor Developments: We will continue to monitor the situation closely and provide updates as new information becomes available.
We’re Here to Help
If you have questions about how the government shutdown may affect your immigration status, applications, or business operations, please don’t hesitate to contact us.
This blog is provided by Hawley Troxell Ennis & Hawley LLP for educational and information purposes only. It is intended to notify our clients and friends of certain events or issues. It is not intended to be, nor should it be, used as a substitute for legal advice regarding specific factual circumstances. © Hawley Troxell Ennis & Hawley LLP all rights reserved.
