How the U.S. government shutdown affects immigrants

The United States government entered a shutdown on October 1, 2025, after federal funding expired. When this happens, parts of the government halt or drastically reduce their activities, and the effects on the immigration ecosystem vary by agency. For immigrants, employers, and practices that handle petitions, the reality is continued operations in some services, suspensions in others, and greater logistical uncertainty in the short term.

Domestically, USCIS tends to keep core operations running because it is largely funded by applicant fees. In practical terms, it continues to receive and process forms and to conduct biometrics, interviews, and naturalization ceremonies, even though support services may face reduced capacity at certain offices. Sector guidance and practitioner notes reiterate this dynamic, with caveats for functions that depend on annual appropriations.

For employers and new hires, the most sensitive point is usually E-Verify. During shutdowns, the system typically goes offline, blocking the opening and management of cases and the resolution of TNCs; historically, once it returns, the government grants a grace period to clear backlogged cases. In the meantime, the Form I-9 requirements remain in force. Employment and immigration practitioners recommend carefully documenting each I-9 step and retaining evidence until E-Verify normalizes.

The Department of Labor absorbs the most direct impact among immigration-relevant agencies. The Office of Foreign Labor Certification suspends processing of prevailing wage determinations (PWD), H-1B labor condition applications (LCAs), and PERM, and the FLAG portal is usually unavailable during the shutdown. The suspension freezes reviews and responses, adding delay to already long queues. Professionals advise preparing case files and advertisements now so they can be submitted immediately when the system reopens.

In the immigration courts, the pattern in prior shutdowns has been to maintain hearings for detained individuals and postpone hearings for non-detained cases. This slows adjudications and tends to lengthen timelines for those awaiting hearings out of custody, with new dates issued later by the courts. Law offices should monitor each court’s status and keep clients informed in writing.

Abroad, consular services for visas and passports generally continue because they are also fee-funded. Each post, however, assesses local capacity: where fee revenue does not cover operating costs, services may be curtailed, with priority given to emergencies and essential demands. Localized rescheduling is possible, and the recommendation is to follow the specific post’s announcements and attend interviews unless instructed otherwise.

Operations deemed essential, such as immigration enforcement and border control remain active. Under the Department of Homeland Security’s contingency planning, revenue-generating activities and fee-funded functions, including those of CBP and USCIS, continue, while non-essential staff may be furloughed elsewhere. This preserves entry processing, inspections, and custody operations even as other parts of the government are paused.

For immigrants and employers, the moment calls for close attention to official notices and for maintaining routines wherever services continue. Those with USCIS interviews or biometrics should appear unless expressly told not to. Employers should complete I-9s and retain documentation to regularize E-Verify cases later. Sponsors who depend on DOL actions should prepare for longer timelines and organize files to move quickly once operations resume.