Congress has not yet reached an agreement on federal funding, and a government shutdown could occur as early as midnight tonight. While some immigration services continue during a shutdown, others are suspended or significantly impacted. Below is an overview of what to expect based on prior shutdowns and current agency guidance:
U.S. Citizenship and Immigration Services
- USCIS is fee-funded and will remain open for most case processing.
- Programs requiring appropriated funds are suspended, including:
- E-Verify – Employers will not be able to create new cases until the system is restored. Employers may continue to complete I-9s using the new alternate remote verification process, and deadlines will be extended once E-Verify is back online.
- In past shutdowns, USCIS accepted late I-129 petitions if the sole reason for late filing was the shutdown.
U.S. Department of Labor
- The Office of Foreign Labor Certification will stop processing applications during a shutdown. This includes:
- Labor Condition Applications for H-1B, H-1B1, and E-3 petitions.
- PERM labor certification filings and prevailing wage determinations.
- Employers with time-sensitive PERM or LCA filings should act immediately. OFLC has encouraged filing before September 30 to avoid disruption.
U.S. Department of State
- Visa and passport operations are fee-funded and typically continue.
- Even where consulates remain open, staffing shortages and reliance on impacted systems could cause visa processing delays.
U.S. Customs and Border Protection
- CBP inspection and law enforcement staff are deemed “essential,” so ports of entry will remain open and travel will continue.
- Processing of certain applications at the border (such as TN or L-1 filings) may be delayed.
U.S. Immigration and Customs Enforcement
- Enforcement and Removal Operations will continue.
- Student and Exchange Visitor Program will not be impacted, as it is fee-funded.
Key Takeaways
- USCIS continues operations, but programs tied to congressional funding (E-Verify, Conrad 30, Religious Workers) will be affected.
- DOL processes halt entirely – no LCAs, PERMs, or prevailing wage determinations.
- Although USCIS continues to operate, the fact that LCAs will not be processed would impact the processing of H-1B petitions for which an LCA is not already certified.
- Consular processing may slow down, depending on fee funding.
- CBP remains open, but border filings may be delayed.
From what we are hearing, a shutdown of at least a brief duration is likely. If the shutdown becomes lengthy, companies and their immigration programs would be significantly impacted. Graham Adair will continue to monitor this development and will advise as more information becomes available.