With budget negotiations stalled
in Congress, the possibility of a federal government shutdown looms. Employers
relying on timely immigration processes should be aware of how different
agencies may be impacted if funding lapses. Below is a summary of what to
expect based on prior shutdowns:
USCIS
|
Issue |
Status During Shutdown |
Notes |
|
Core operations |
Continue |
USCIS is
fee-funded and generally unaffected. |
|
E-Verify |
Suspended |
Employers must maintain I-9 compliance even
if E-Verify is unavailable. It is unclear whether the alternative inspection
process allowed for E-Verify companies can be utilized when E-Verify is not
available. |
|
EB-5 Regional Center Program |
Continues |
Authorized
through September 30, 2027. |
|
Late I-129 filings |
Accepted with justification |
USCIS has
excused late filings when delay caused by shutdown due to the inability to
file LCAs |
Bottom line: Most USCIS
operations continue, but employers should prepare for E-Verify outages and
program-specific suspensions.
Department of Labor (DOL)
|
Issue |
Status During Shutdown |
Notes |
|
PERM, LCAs, prevailing wage requests |
Halted |
OFLC stops
processing; FLAG system deactivated. |
|
H-2B filings (Jan 1–3, 2026) |
At risk |
Employers
should submit prevailing wage requests early. |
|
Guidance |
Possible |
Flexibility
may be announced after funding resumes. |
Bottom line: DOL
operations stop, so employers must file critical PERM and LCA applications
immediately.
Department of State (DOS)
|
Issue |
Status During Shutdown |
Notes |
|
Visa/passport services |
Continue |
Operations
are fee-funded. |
|
Consular operations |
Possible scaling back |
Limited to
diplomatic visas and life-or-death emergencies if funds run short. |
Bottom line: Visa services
generally continue, but employers should anticipate possible delays abroad.
Customs and Border Protection (CBP)
|
Issue |
Status During Shutdown |
Notes |
|
Ports of entry |
Remain open |
Inspection
and law enforcement deemed “essential.” |
|
Border-filed applications |
Possible delays |
Processing
may slow. |
Bottom line: Border
inspections remain operational, though processing at entry points could be
slower.
Immigration and Customs Enforcement (ICE)
|
Issue |
Status During Shutdown |
Notes |
|
Enforcement & Removal Operations (ERO) |
Continue |
Normal
operations. |
|
SEVP (Student/Exchange Visitor Program) |
Unaffected |
Program is
fee-funded. |
Bottom line: ICE
enforcement continues, but employers should expect detained dockets to take
priority.
Action Steps for Employers
- Plan for delays: Anticipate disruptions in H-1B
filings, PERM and Prevailing Wage Determinations, immigration court and
potential slowdowns at some consulates and ports of entry.
- Continue compliance: Employers must maintain
I-9 compliance even if E-Verify is unavailable. It is unclear whether the
alternative inspection process allowed for E-Verify companies can be
utilized when E-Verify is not available.
- Monitor developments: Stay in touch with legal
counsel for updates as shutdown negotiations evolve.