Impacts of a U.S. Government Shutdown on Immigration Services

(UNITED STATES) A potential Government Shutdown as of September 30, 2025 would create uneven effects across the U.S. immigration system, with some immigration services moving ahead and others pausing. Most fee-funded work at USCIS would continue, but programs that rely on annual appropriations could stop. Visa and passport work at consulates would mostly continue, though delays are possible if fee revenue falls short. Immigration courts would keep detained cases moving while pausing most non-detained hearings, adding to already heavy backlogs. Border operations stay open as essential, with some processing at ports of entry slower than normal.

How USCIS funding works and immediate effects

USCIS (U.S. Citizenship and Immigration Services) operates mainly on filing fees. That means most family-based petitions, adjustment of status cases, work permits, and naturalization are likely to keep moving even during a funding lapse.

• E-Verify would shut down, because it depends on congressional appropriations. Employers would not be able to create new E‑Verify cases while the system is offline.
• The Department of Homeland Security has allowed flexibility in past lapses; employers may continue onboarding using Form I‑9 rules and complete E‑Verify checks once the system returns.
• The official Form I-9, Employment Eligibility Verification page explains how to complete I‑9s and keep records clean during system outages.

According to analysis by VisaVerge.com, employers should prepare clear onboarding notes to show good-faith compliance while E‑Verify is down.

USCIS has also allowed late filings in narrow situations tied to a shutdown. In prior lapses, the agency accepted late Form I-129 filings if the funding lapse was the main reason for the delay and the employer provided proof. Employers planning H‑1B, L‑1, O‑1, or TN extensions that rely on Form I-129 should prepare backup plans now. The official Form I-129, Petition for a Nonimmigrant Worker page provides instructions and filing addresses that remain in effect.

Two special programs to note:

• EB‑5 Regional Center Program: remains authorized and operational through September 30, 2027.
• Special Immigrant Religious Worker (non‑minister): will sunset on September 30, 2025 unless Congress extends it. If this sunset occurs during a shutdown, USCIS would have to stop taking new filings for the non‑minister category even though most other services continue.

Critical: E‑Verify, DOL certifications (LCAs/PERM), and non‑detained immigration court calendars are the system’s weakest links during a funding lapse.

Agency-by-agency operations

USCIS

• Mostly unaffected overall. Online filing, case status tools, and notice delivery remain active.
• Fee-funded work continues across family, employment, humanitarian, and naturalization pipelines.
• Exceptions:
  • E‑Verify stops (no new cases can be created).
  • The Conrad 30 J‑1 doctor program pauses.
  • The non‑minister religious worker category would end on September 30, 2025 without Congressional action.

Department of Labor (DOL)

• Severely impacted.
• The Office of Foreign Labor Certification would disable the FLAG system, halting:
  • Labor Condition Applications (LCAs)
  • Prevailing Wage Determinations
  • PERM labor certifications
• Result: Employers cannot submit new LCAs or PERMs, creating a downstream freeze for many USCIS filings.
• DOL may issue grace periods or deadline relief for PERM steps delayed by the shutdown.

Department of State (DOS)

• Fee-funded, but watch for delays.
• Consulates generally keep visa and passport services running using fee revenue.
• If fees fall, operations could narrow to emergencies; routine visa interviews—especially immigrant visas—may be delayed or canceled.
• Emergency assistance for U.S. citizens abroad continues.

Immigration Courts (EOIR)

• Detained docket continues; non-detained paused.
• Detained cases are essential and will be heard.
• Non-detained hearings will be postponed and rescheduled after funding restarts.
• Staff furloughs could slow filings, orders, and mailroom work, increasing backlog.

Customs and Border Protection (CBP)

• Essential operations continue.
• Inspections at airports, land borders, and seaports remain active.
• Some adjudications processed at ports of entry—like TN or certain L‑1 entries for Canadian citizens—may face delays.

E‑Verify and employer steps during a lapse

The E‑Verify shutdown is the clearest example of a funding‑dependent tool going offline. Employers hiring during a lapse should:

1. Follow normal I‑9 timelines and document that E‑Verify was unavailable.
2. Keep detailed onboarding records showing good‑faith compliance.
3. Be ready to run E‑Verify cases once the system returns; USCIS has historically provided catch‑up instructions after service resumes.

For official guidance, see the DHS E-Verify program site.

Impact on applicants and employers

Employers — main concerns

• The DOL freeze is the most serious bottleneck.
• Without LCAs, many H‑1B petitions cannot be filed.
• Without PERM actions, employers may miss recruitment windows, prevailing wage determinations, or advertising schedules.
• If you are close to a PERM recruitment end date or need a prevailing wage for a green card case, assume delays and watch for DOL deadline flexibilities once funding returns.
• Practical tip: file time‑sensitive DOL items before the funding deadline where possible.

Individuals — what to expect

• USCIS casework is the bright spot: family I‑130 petitions, adjustment of status packages, work permits, and naturalization should largely keep moving.
• Biometrics appointments and interviews may continue, but some field offices could adjust schedules if building services, contractors, or security staffing are limited.
• Keep your address current and check your online USCIS account often.

Consular applicants

• Prepare for short‑notice changes. If fee revenue dips, posts could cut routine services.
• Immigrant visa cases are more vulnerable to slowdowns due to staffing and security demands.
• If an interview is canceled, the consulate will issue new instructions when operations normalize. Plan extra time before travel to the United States.

Immigration court dockets

• Backlogs will likely grow: detained cases proceed, but non‑detained hearings will be reset—sometimes much later.
• Past shutdowns caused tens of thousands of postponed hearings and long‑lasting administrative jams.
• If your hearing is non‑detained, check your case status regularly and keep your address updated with the court.

Practical checklist — what employers and applicants should do now

• File time‑sensitive DOL items before possible funding lapses where feasible.
• Prepare clear onboarding checklists that follow I‑9 rules while E‑Verify is down.
• Keep proof if a shutdown causes a late Form I-129 filing; include that evidence with the petition.
• Monitor agency announcements for posted flexibilities on deadlines and rescheduling.
• Keep copies of any USCIS notices that cite deadlines and request rescheduling promptly if a shutdown prevents compliance.

Important reminder: while politics determines the timing of a Government Shutdown, the day‑to‑day effects fall on families, students, researchers, nurses, and employers who rely on predictable immigration processes. Planning ahead—especially around DOL bottlenecks—can prevent missed start dates and lost status. USCIS’s fee‑funded model will keep much of the system running, but the weakest links during a funding lapse are clear: E‑Verify, DOL certifications, and non‑detained court calendars.