SHUTDOWN: Here’s the impact on immigration

The federal government shut down at 12:01 a.m. Wednesday, October 1. Below is a summary of how this is affecting immigration-related processes. We will provide updates as we learn more.

USCIS

The U.S. Citizenship and Immigration Services is funded mostly through user fees, adjudications and filings for petitions, so the USCIS is proceeding as normal. EB-5 Regional Centers are not affected by the shutdown, and the EB-5 Immigrant Investor Program is authorized through September 30, 2027.

However, we do expect a slowdown in regular processed adjudications, particularly if they depend on another agency for processing, like a biometric security check or obtaining a Program Electronic Review Management (PERM) certification from the U.S. Department of Labor (see below).

Here are some exceptions to “business as usual”:

• E-Verify. Employers will not be able to initiate or resolve cases, though USCIS has confirmed that employers may continue to use the new remote I-9 verification option.

• Conrad 30 J-1 Waiver Program. This program may pause until appropriations resume.

• Special Immigrant Religious Workers (non-ministers). This program expired September 30, 2025.
• Late I-129 filings. We expect the USCIS to follow its past practice of excusing late I-129 filings where the shutdown was the direct cause for delay. For example, if a Labor Condition Application must be certified by the Department of Labor before an H-1B or E-3 petition can be filed, and if the DOL is unable to process the Application due to the shutdown, the resulting delay is likely to be excusable. In other words, we anticipate that the USCIS will not penalize petitioners for late filing when the delay is attributable to the shutdown.

Customs and Border Protection

Ports of entry will remain open, and inspection and enforcement staff are considered “essential.” However, processing of some applications filed at the border may be delayed, including new TNs (work visas for Canadian nationals) or L-1s (work visas for multinational intercompany transferees).

Executive Office for Immigration Review (immigration courts)

Immigration court cases for detained individuals will proceed. Non-detained cases are postponed until funding resumes. At that time, the courts will issue new notices of hearing. Uploads in the electronic filing system may be possible, but the filings may not be accepted until after the shutdown ends.

Immigration and Customs Enforcement/Student and Exchange Visitor Program

ICE enforcement operations are continuing.  Additionally, colleges and universities will continue to be able to access the SEVP portal for activities related to F-1 student status. 

Department of Labor

All processing stopped effective October 1. This includes PERM labor certifications, prevailing wage requests, and Labor Condition Applications. In addition, the DOL systems – including the portals for FLAG, the Board of Alien Labor Certification Appeals, and the DOL Administrative Law Judges – are offline.

As a result, employers who need LCAs for H-1B, E-3, or H-1B1 petitions will not be able to file until the DOL reopens. The same applies to employers with PERM deadlines or requests for prevailing wage determinations.

As noted above, we expect that the DOL will, consistent with its past practice, excuse late PERM filings where the shutdown is the primary cause of delay. In past shutdowns, DOL has treated the affected period as a “tolling” period, effectively pausing the filing deadline when its online systems were unavailable. Accordingly, employers should be able to submit PERM applications without penalty once operations resume, provided that the employers were ready to file during the shutdown period.

Department of State (consulates and passports)

• Visa and passport services. These are fee-funded and will continue.
• Possible slowdowns: Consulates or embassies with insufficient funds may limit services to diplomatic visas and life-or-death emergencies.
  
  

SUMMARY FOR EMPLOYERS

• USCIS petitions (H-1B, L-1, O-1, I-140, I-485, etc.) are proceeding without disruption.
• If E-Verify is unavailable, employers should document all actions taken for I-9 compliance purposes.
• Employers should be prepared for potential slowdowns in scheduling appointments for visa stamps, and for possible rescheduled biometrics or visa interviews abroad, depending on post resources.

We will continue to monitor developments and provide updates as the agencies issue formal guidance. In the meantime, please feel free to contact any member of Constangy’s Immigration Practice Group.