A partial government shutdown could occur if an appropriations bill or temporary stopgap measure cannot be agreed upon by September 30, 2025, the end of the fiscal year, when federal funding is scheduled to expire. Despite ongoing budget talks for Fiscal Year 2026, employers should consult with their immigration counsel to address urgent issues that may be impacted if a shutdown is not avoided.
Based on comparable shutdowns in recent years, the following is the anticipated impact on immigration operations in the event of a shutdown on October 01, 2025.
Department of State:
As long as filing fees are available to support consular operations, the State Department will continue to process visas and issue U.S. citizenship documents. However, if certain domestic passport offices are housed in government buildings that are closed because of the shutdown, they may be impacted. The agency may halt visa processing or restrict it to emergency situations only if a shutdown lasts a long time and fee financing runs out.
U.S. Citizenship and Immigration Services (USCIS):
Since USCIS is a fee-funded organization, it is typically expected to keep processing petitions and applications for immigration benefits. If government funding expires on October 1, all but a small portion of USCIS personnel would continue to work, according to the Department of Homeland Security’s shutdown operation plan, which was last revised on September 27. However, if a case’s adjudication depends on assistance from government operations that are halted, such as a clearance from an agency impacted by the shutdown, USCIS processing delays may occur. A shutdown should not impact appointments at Application Support Centers and USCIS local offices. Employers contemplating H-1B, E-3, or H-1B1 extensions or changes of employer—for which a DOL-certified LCA is necessary—may not be able to submit if they do not already have an LCA in hand by October 1 due to the suspension of DOL LCA operations.
Department of Labor (DOL):
As non-essential duties, DOL immigration operations would probably be discontinued. No labor condition applications (LCAs), prevailing wage requests, or applications for temporary or permanent labor certification (PERM) will be handled. PERM applications, audit answers, LCAs, and petitions for prevailing wages would not be accepted by the FLAG online application system or any other DOL system, which would be put offline. Also, submissions via mail would not be accepted by the agency. While they wouldn’t be processed until DOL operations returned, employers with PERM or time-sensitive Labor condition applications should try to file them before October 1 to put them in line in case of a shutdown. Employers who might want copies of certified applications or other information during a potential halt in DOL operations should log into the FLAG system before October 01, 2025.
Inspection operations at ports of entry and U.S. borders would continue. Immigration petitions, including those for TN or initial blanket L status filed by Canadian nationals, would probably still be processed by CBP at the border. Activities related to Immigration and Customs Enforcement, as well as the Student and Exchange Visitor Information System (SEVIS), would go on.
Luke Bowman Law will continue to monitor and update the situation. If you have questions regarding your specific situation, feel free to contact us or book an appointment here
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If you have any questions or concerns about the information provided above, please don’t hesitate to contact us.
Sincerely,
Luke Bowman
The Law offices of Luke Bowman