How a Federal Government Shutdown Affects U.S. Employment-Based Immigration

At a Glance

• Because U.S. Citizenship and Immigration Services (USCIS) is funded by user fees, USCIS remains open and will continue to accept and process applications. There are some exceptions to this rule for programs that receive appropriated funds, including E-Verify, the EB-5 program, Conrad 30 J-1 doctors and non-minister religious workers.
• In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown.
• Note that the unavailability of E-Verify does not change the requirement for employers to complete Form I-9 no later than the third business day following an employee’s first day of work for pay.

The U.S. Congress failed to reach a budget deal, resulting in a federal government shutdown that began at 12:01 a.m. on October 1, 2025. The list below outlines how the government shutdown will affect business immigration work.

Department of Labor

During a shutdown of the federal government, the Office of Foreign Labor Certification (OFLC) is not able to accept or process any applications it receives, including Labor Condition Applications (LCAs), Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification (PERM applications). OFLC’s website, including the Foreign Labor Application Gateway (FLAG) System, are unavailable.

U.S. Citizenship and Immigration Services

Because U.S. Citizenship and Immigration Services (USCIS) is funded by user fees, USCIS remains open and will continue to accept and process applications. There are some exceptions to this rule for programs that receive appropriated funds, including E-Verify, the EB-5 program, Conrad 30 J-1 doctors and non-minister religious workers. These programs are suspended until the budget issues are resolved and the government is back open. In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown.

E-Verify

Employers may not create E-Verify cases or access their accounts while the government is shut down. The requirement that E-Verify cases be created within three business days is suspended. During a shutdown, employees cannot resolve Tentative Nonconfirmations (TNCs) and so the timeline for employees to resolve TNCs is extended. Employers may not take any adverse action against an employee because an E-Verify case is in an interim status.

Note that the unavailability of E-Verify does not change the requirement for employers to complete Form I-9 no later than the third business day following an employee’s first day of work for pay.

Department of State

The Department of State will continue to process passport applications and provide U.S. citizen services, though passport offices in federal buildings affected by the shutdown could be closed. Visa processing at U.S. consulates will continue until their current budgets are depleted.

Customs and Border Protection

Most Customs and Border Protection (CBP) Inspection and Enforcement officers are considered to be essential staff and will continue working through a shutdown. Ports of entry remain open, but processing of applications filed at the border (L-1, TN, etc.) could be affected.

Immigration and Customs Enforcement

Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) will continue. The Student and Exchange Visitor Program (SEVP) remains open as this office is funded by user fees.

Executive Office for Immigration Review

As with other agencies, court personnel who are not considered “essential” will be furloughed. The Executive Office for Immigration Review (EOIR) has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation. As of October 1, 2025, cases on the non-detained docket were proceeding as usual. Check the EOIR’s Immigration Court Operational Status for the latest updates.

For More Information

For relevant immigration-related information through 2025, register for Faegre Drinker’s immigration and global mobility practice’s Business Immigration Webinar Series: Compliance & Hiring Strategies for 2025.