Unless Congress acts, the federal government will shut down on Wednesday, October 01, 2025. During a shutdown, most federal agencies must suspend operations and furlough non-essential personnel. Because immigration matters cut across multiple government agencies, employers and foreign nationals may be impacted in different ways. Below is an overview of how key agencies are expected to operate during a shutdown, based on prior experience and current guidance.

U.S. Citizenship and Immigration Services (USCIS)

• Operations Largely Continue: USCIS is fee-funded, so most services continue during a shutdown.
• Exceptions: Programs that rely on appropriated funds such as E-Verify, the Conrad 30 J-1 physician program, and the special immigrant religious worker program will be suspended.
• EB-5 Regional Center Program: Will not be impacted, as it is authorized through September 30, 2027.
• Special Immigrant Religious Worker Program: Scheduled to sunset September 30, 2025, unless extended through a continuing resolution or appropriations package.
• I-9 Employment Verification: In prior years, employers were allowed to continue using the new alternate remote I-9 document review process even if E-Verify is unavailable. It is expected that this will continue to be the case as the agency has not said otherwise.
• Late Filings: In past shutdowns, USCIS has accepted late I-129 filings if the failure to file timely was directly caused by the shutdown.

Department of Labor (DOL)

• Processing Stops: The Office of Foreign Labor Certification (OFLC) will suspend all application processing, including LCAs (needed for H-1B petitions), PERM applications, and Prevailing Wage Determinations.
• Systems Deactivated: The FLAG system and other DOL websites will be offline.
• BALCA and DOL ALJ dockets will be paused.
• USCIS Access: USCIS should still be able to access data uploaded from FLAG into VIBE for certain H-2 and I-140 PERM-based petitions.
• If a shutdown occurs, the OFLC may provide guidance offering flexibility to employers facing filing deadlines.

Department of State (DOS)

• Visa and Passport Services: Generally continue since they are fee-funded.
• Potential Limitations: If fees are insufficient to support a particular post, services may be limited to diplomatic visas and emergencies.

Customs and Border Protection (CBP)

• Ports Remain Open: Inspection and law enforcement personnel are considered essential. Therefore, processing of passengers will continue.
• Impact on Applications: Processing of applications filed at the border may be delayed.

Immigration and Customs Enforcement (ICE)

• Enforcement Continues: ERO operations continue, with OPLA focusing on detained immigration court cases.
• SEVP Not Impacted: The Student and Exchange Visitor Program is fee-funded and continues as usual.
• Client Access: Attorneys should still be able to schedule phone calls and visits with clients in custody.

Executive Office for Immigration Review (EOIR)

• Detained Docket: Generally, immigration court hearings on the detained docket will proceed.
• Non-Detained Docket: Hearings will be rescheduled once funding resumes.

Our team will continue to closely monitor developments as they unfold and will share timely updates to ensure you remain informed of any changes.

By: Krystal Alanis

Krystal Alanis is a Partner at Reddy Neumann Brown PC and manages the firm’s PERM Labor Certification Department, where she oversees all EB-2 and EB-3 employment-based green card matters. Krystal guides clients from a variety of industries through the maze of the PERM Labor certification process and has handled thousands of PERM applications throughout her career with Reddy Neumann Brown PC. Krystal also guides employers and individuals through the I-140 and Adjustment of Status process, and assists clients with temporary work visa petitions (e.g., H-1B, TN, L-1, E-2). With over 13 years of immigration experience, Krystal is able to advise her clients with confidence and recognize any potential pitfalls that may arise.