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Government Shutdown: Latest Updates and Implications for Immigration Services

GIP > US DOL > Government Shutdown: Latest Updates and Implications for Immigration Services

A government shutdown is looming after House conservatives rejected a bipartisan spending bill intended to extend government funding until March 14, 2025. Per CBS News, federal agencies have been instructed to begin notifying employees about shutdown protocols starting at 10:00 a.m. ET on Thursday. While this situation remains in flux and can suddenly change, individuals and businesses reliant on U.S. immigration services should prepare for potential disruptions.
We would like to warn our clients that one of the biggest issues that we will face will be due to the Department of Labor (“DOL”) shutting down the LCA and PERM programs. All pending LCAs and PERMs will be frozen until the shutdown is resolved, and we will be unable to file new LCAs or PERMs during the shutdown. H-1Bs require a certified LCA, so a prolonged delay may create issues for H-1B filings. In the past, when the shutdown went for weeks, the USCIS allowed employers to file H-1Bs without certified LCAs, but nothing has been confirmed as to what they may allow if this shutdown continues for weeks.
Below is an updated table on how a shutdown may impact key immigration-related agencies.

USCIS (U.S. Citizenship and Immigration Services) 
  • Fee-funded agency; most operations continue.

Suspended Programs:

  • E-Verify: Employers cannot verify employment eligibility.
  • Special Immigration Programs: Programs like Conrad 30 J-1 visas and certain non-minister religious workers may pause

 

I-129 Filing Flexibility: Late filings allowed if delay is due to shutdown (documentation required).

 

Department of Labor (DOL) 
  • Immigration-related services (e.g., Office of Foreign Labor Certification) cease operations.

Impacts:

  • PERM and LCAs: Processing stops entirely; FLAG system inaccessible.
  • H-2 Programs: Employers should prepare ETA-9142B forms early to avoid complications.

 

Department of State (DOS) 
  • Most consular services, including visa and passport issuance, continue as they are fee-funded.

Possible Interruptions:

  • Smaller posts with insufficient fees may prioritize services. Applicants at smaller posts should anticipate delays.
  • Diplomatic visas and life-or-death emergencies will receive priority.

 

CBP (Customs and Border Protection) 
  • Essential operations continue.

Activities Include:

  • Ports of Entry: Remain open for passenger and cargo processing.
  • Border Applications: May face delays due to reduced administrative support.
  • Travelers should prepare for potential delays at border crossings and airports.

 

ICE (Immigration and Customs Enforcement) 
  • Key operations continue.

Activities Include:

  • Enforcement and Removal Operations (ERO): Fully operational.
  • Student and Exchange Visitor Program (SEVP): Fee-funded and unaffected.
  • Detained Docket Representation: ICE attorneys focus on detained immigration cases. Detained individuals remain accessible through phone calls and visitation.

 

While the situation surrounding the potential shutdown remains uncertain, proactive measures and careful monitoring can help individuals and businesses minimize disruptions to their immigration matters.  We will continue to monitor the situation and provide updates.