If Congress is unable to reach an agreement on the federal government budget by September 30, 2025, at 11:59 pm EST, the U.S. federal government is expected to “shut down” on October 1, 2025, 12:01 am EST. Various government departments and agencies are involved in handling U.S. immigration matters, and each would be impacted to a degree by a shutdown. While operations and services “essential” to national security would continue uninterrupted, some “non-essential” operations would be impacted as furloughed personnel are not permitted to work.  

• Department of Labor (DOL) – Suspension of Filing PERM Labor Certification Applications and LCA Applications for H-1B’s, H-1B1’s, and E-3’s 

The DOL plays a key role in the adjudication of Labor Condition Applications (LCAs), which are required for filing certain nonimmigrant visa petitions, including H-1B, H-1B1 (Chilean and Singaporean), and E-3 nonimmigrant visa petitions. If the government shuts down, the DOL’s Foreign Labor Application Gateway (FLAG) system for filing LCAs and printing certified LCAs will no longer be functional, and pending cases will not be adjudicated. As the law requires the DOL to adjudicate LCAs within seven (7) days and LCAs typically take approximately seven (7) days to be certified, this would impact the timing of future H-1B, H-1B1 (Chilean and Singaporean), and E-3 filings.  It may still be possible for the USCIS to obtain the certified LCA directly from the DOL’s shared system so that certain petitions may be adjudicated even if the government does shut down and the LCAs are not available to the public. 

If the FLAG system becomes unavailable, PERM labor certification applications (often the first step in the employment-based permanent residency process) cannot be submitted or adjudicated. 

The DOL also adjudicates requests for Prevailing Wage Determinations, which are needed for PERM Labor Certification Applications (PERMs). If the government shuts down, the FLAG system will not be functional, and pending cases will not be adjudicated. The DOL is aware that employers face deadlines for filing and is reportedly considering issuing flexibility guidelines. 

• Department of State (DOS) – Delay of Visas at Consular Posts 

DOS interviews visa applicants and adjudicates visa applications at U.S. consulates abroad. While these operations are funded by fees, consular applications may be impacted by a shutdown if there are insufficient fees. All visa applications might be delayed, both immigrant and nonimmigrant, including B, L, H, O, E, F, and J. However, diplomatic visas and visas essential to respond to life-or-death emergencies would continue uninterrupted. 

• U.S. Citizenship & Immigration Services (USCIS) – Most USCIS Petitions will Continue to Be Processed and Potential Suspension of E-Verify Program 

USCIS adjudication functions are funded by the filing fees associated with petitions and applications for immigration benefits. Due to the independent source of operational funds for USCIS operations, most USCIS adjudication activities are expected to continue, although with possible additional delays.  

However, should a shutdown last more than several days, employers may be unable to file certain applications with USCIS, such as H-1B petitions that must be filed with a certified LCA from the DOL. Accordingly, employers may expect delays in the ability to file certain petitions with USCIS and may also expect delays in adjudications by USCIS should there be a rush of filings immediately after a shutdown is over. The USCIS is already behind posted adjudication times for many types of filings, so additional delays due to a government shutdown could further lengthen the wait for certain benefits. The USCIS is also aware that employers face deadlines for filing and is reportedly considering issuing flexibility guidelines to accommodate “late” immigration petition filings when the primary reason for the delay in filing was the government shutdown. 

A shutdown after September 30th should not impact the EB-5 Regional Center program because it has already been authorized through September 30, 2027. 

Special immigrant petitions for religious workers will sunset on September 30, 2025, unless a continuing resolution or appropriations package is signed into law before September 30th. 

The E-Verify program may be impacted by a government shutdown, with support services and program functionality potentially unavailable. As a reminder, the Form I-9 must still be completed timely and properly even if an employer is enrolled in E-Verify and E-Verify is unavailable.  

USCIS has previously confirmed, and it is expected to continue to be the case during this potential shutdown, that eligible E-Verify employers may use the new alternative remote inspection process for completion of the form I-9 when E-Verify is unavailable due to a government shut down.  

• Customs & Border Protection (CBP) – Border and Airport Inspections Continue 

CBP is charged with enforcement of U.S. immigration and customs laws along the U.S. borders and at U.S. airports and seaports of entry. Because CBP personnel are considered essential, CBP officers will continue their enforcement activities as well as the inspection of foreign nationals entering the United States through the ports of entry. However, the processing of applications submitted at the U.S. ports of entry may experience delays or disruptions.  

• Immigration & Customs Enforcement (ICE) – ICE Enforcement Operations Continue  

ICE is charged with interior enforcement of U.S. immigration laws and removal/deportation. ICE is expected to continue operations, but lower-priority activities and new investigations or enforcement actions may be delayed. 

• Executive Office for Immigration Review (EOIR) – Immigration Court Proceedings for Those Detained Continue 

Immigration court cases for those individuals who are detained should continue. Courts with dockets for only non-detained individuals will not be open and will not accept filings. Courts should issue an updated notice of hearing for reset hearings at a later date when funding resumes. 

Foster will provide additional information as it becomes available via future Immigration Updates© and on our firm’s website at www.fosterglobal.com.