How a Government Shutdown Affects EB-1, EB-2, EB-3 Green Cards

(UNITED STATES) As the federal budget impasse enters a new phase on October 1, 2025, employment-based green card processing remains partly insulated from the government shutdown. U.S. Citizenship and Immigration Services (USCIS) continues its fee-funded work on EB-1, EB-2, and EB-3 petitions and related I-485 adjustment of status filings, while critical Department of Labor (DOL) functions—PERM labor certification and Labor Condition Applications (LCAs)—are paused.

That split is shaping outcomes for employers and workers across the United States: petitions that have cleared DOL or don’t require it can keep moving, but new filings dependent on DOL approvals are stalled until Congress restores funding.

What USCIS is doing during the shutdown

• USCIS has confirmed that fee-based adjudications continue during a shutdown.
• Employers and applicants can still:
  • File immigrant petitions,
  • Respond to notices,
  • Attend biometrics and interviews when scheduled by the agency.

The State Department’s monthly Visa Bulletin also continues to post priority date cutoffs, allowing applicants to watch when their category becomes current. However, visa issuance depends on annual visa number limits and active agency functions.

Important: For fiscal year 2025, EB-1 and EB-3 visa numbers were fully used as of September 30, 2025, so new approvals in those categories must wait for the fresh annual allocation beginning October 1, regardless of the shutdown.

This creates a double layer of delay: procedural slowdowns from the shutdown plus supply limits from annual visa caps.

What DOL/OFLC pause means

• The Office of Foreign Labor Certification (OFLC) halts case intake and adjudication during a shutdown.
• PERM filings cannot be submitted, and existing PERM cases are frozen in place.
• LCAs for H-1B workers stop, affecting hiring plans and portability strategies.
• Employers with PERM cases midstream face an uncertain wait; those near certification may see timelines expire and need to redo recruitment steps once systems reopen.

Day-to-day employer compliance during the shutdown

• Employers must still complete employment eligibility checks.
• E-Verify is suspended, but the I-9 employment eligibility verification requirement remains in effect.
• Companies must:
  • Fill out I-9 forms for new hires on time,
  • Follow DHS guidance once E-Verify returns.
• USCIS field services (fingerprints, interviews) generally continue unless a local office cancels specific appointments.
• Applicants should monitor case portals and mail notices for updates.

Why USCIS and DOL behave differently

• USCIS: largely fee-funded; can keep staff on duty and continue adjudications during a lapse in appropriations.
• DOL/OFLC: funded by regular appropriations; furloughs staff when funds expire.

This funding split produces a predictable pattern:
– USCIS operations proceed,
– PERM and LCA processing stops.

For corporate immigration teams, that requires recalibrating internal calendars and prioritizing front-end work before labor steps are frozen.

Tracking priority dates and the Visa Bulletin

• Applicants should keep tracking priority dates, which determine a place in the visa queue.
• The Visa Bulletin continues to show cutoff dates for final action and filing.
• Note: movement on the chart does not guarantee an approval if visa numbers are unavailable or another step (like PERM) is paused.
• Example: Even if an EB-3 priority date becomes current, approvals were still blocked through September 30, 2025, because annual EB-3 numbers were exhausted.

Filing activity that can continue

During the shutdown, USCIS continues to accept and adjudicate employment-based petitions, including:
– I-140 Immigrant Petition for Alien Workers,
– Related adjustment packages where the filing chart allows I-485 submissions.

• Applicants inside the U.S. who are eligible to file I-485 can still do so if their category is current under USCIS’s filing chart.
• Supporting forms, medical exams, and fees apply as usual.
• Final green card approval still depends on visa availability and standard security checks.

Broader effects of the OFLC pause

• PERM recruitment timing rules are strict; paused filings may force re-sequencing or redoing recruitment steps.
• LCAs not being issued can delay H-1B start dates, location changes, or extensions.
• Narrow exceptions or existing approvals may help some workers, but the general rule is no new LCA certifications during a shutdown.
• These delays affect teams, projects, and family decisions—especially for those on temporary visas planning employment-based green cards.

Consular processing and overseas impacts

• The State Department’s Visa Bulletin continues, but consular staffing and appointment availability can be affected in some posts during a prolonged lapse.
• Applicants with immigrant visa interviews should monitor post-specific notices.
• Applicants ready for issuance in EB-1 or EB-3 after visa numbers were exhausted must typically wait for new numbers in the fiscal year, independent of staffing changes.

Practical steps employers and workers can take now

Employers:
1. Continue filing and responding to USCIS notices on time for petitions and I-485 cases.
2. File I-140 petitions for employees who already have PERM approvals to “bank” the immigrant petition approval.
3. Keep detailed logs of recruitment steps and PERM timelines, noting where the shutdown froze actions.
4. Complete all I-9 forms on schedule; follow DHS guidance on delayed E-Verify entry when service returns.
5. Review planned job changes that need a new LCA and assess whether start dates must shift.
6. Monitor monthly visa cutoffs; a priority date becoming current is helpful but does not override annual caps.
7. Prepare to act quickly once DOL systems restart.

Workers:
– Map options with counsel if near the end of I-94 validity or facing status changes.
– Maintain underlying nonimmigrant status when possible to provide flexibility for job changes.
– For adjustment applicants, keep medical exams valid and employment letters current.
– Attend biometrics or interviews unless USCIS provides a cancellation.

Useful official links (preserved)

• State Department Visa Bulletin: Visa Bulletin
• USCIS Form I-485: USCIS Form I-485
• USCIS Form I-140: USCIS Form I-140
• USCIS Form I-9: USCIS Form I-9
• DOL PERM Forms and Instructions (ETA-9089): DOL PERM Forms and Instructions
• DOL LCA Information (ETA-9035): DOL LCA Information
• E-Verify guidance: E-Verify

Strategic planning and risk management

• Separate what the law allows from what offices can do in practice:
  • Fee-funded steps (USCIS) generally continue.
  • Appropriated steps (PERM, LCA) generally pause.
• Document missed timelines due to the shutdown for future agency or court inquiries.
• Build contingency timelines with buffer time for each step that touches an appropriated agency.
• Prepare PERM recruitment plans, prevailing wage details, and ETA-9089 drafts so filings can proceed quickly when OFLC reopens.
• For LCAs, keep job details and wage documentation ready for rapid filing.

How the duration of the shutdown affects outcomes

• Short shutdown: temporary backlog at OFLC; short delays for LCAs and PERMs.
• Prolonged shutdown: recruitment steps may expire, project start dates may slip, and surges of filings once funding returns can extend processing times after reopening.
• USCIS may see an uptick in filings (e.g., I-140 and I-485) once the new fiscal year’s visa numbers are available and employers push stalled cases forward.

Key takeaways

• USCIS stays open and continues processing (fee-funded).
• DOL’s PERM and LCA work stops until funding is restored (appropriations-funded).
• Visa Bulletin continues to move, but approvals depend on visa number availability and active agency functions.
• EB-1 and EB-3 numbers were used up as of September 30, 2025, creating an additional cap-driven delay until the new fiscal year.
• Employers and workers who understand which parts are active and which are paused will be best placed to keep progress going and to move quickly when systems fully reopen.

Keep monitoring agency service alerts, DOL announcements, and the monthly Visa Bulletin. Lock in what you can control—well-prepared filings, clear timing, and complete evidence—and be ready to pivot once funding and systems return.