How Does the Government Shutdown Affect US Immigration?

October 1, 2025 Update​

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The federal government shutdown on October 1, 2025. For employers, students, and international workers, the key questions are: Which filings can continue, which are on hold, and how can we protect work authorization and mobility? This update shares the latest information.

Immigration in a Shutdown: An Update for Employers, International Workers, and Students

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Services that Continue During the Shutdown: 

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• All USCIS filings, including O-1 visa petitions, I-140’s and Adjustment of Status Applications: U.S. Citizenship and Immigration Services (USCIS) is primarily fee-funded, so adjudications (for example, H-1B extensions, O-1, L-1, I-140, adjustment) generally proceed; interviews and biometrics should be attended as scheduled unless you receive an official reschedule.

• Essential border and enforcement functions carried out by U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) also continue.

• US Embassies and Consulates (as conditions permit): The U.S. Department of State’s Bureau of Consular Affairs operates largely on fees. As a result, U.S. embassies and consulates generally continue visa and passport services during a shutdown, though specific posts may narrow services if local fee balances are constrained or staffing is limited. Many posts have reiterated that appointments will proceed “as conditions permit.”

 

 

Services that are Paused or Constrained:

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• PERM: The U.S. Department of Labor (DOL) is appropriations-funded and its Office of Foreign Labor Certification disables the Foreign Labor Application Gateway (FLAG) system during a lapse. That halts Labor Condition Applications (LCAs), Prevailing Wage Determinations (PWDs), and PERM filings and audits. For employers, this affects new H-1B petitions requiring a fresh LCA and all PERM-based green card steps. Prepare complete filings now and submit immediately when the systems return.

• E-Verify: The federal E-Verify platform is unavailable during the shutdown. Employers cannot create or manage cases and employees cannot resolve Tentative Nonconfirmations (TNCs). Deadlines are tolled while the system is offline; complete Form I-9s as normal and create E-Verify cases once service resumes.

• Immigration Courts: The Executive Office for Immigration Review (EOIR) continues detained dockets; most non-detained hearings are reset and new notices will issue after funding resumes.

 

 

In Summary

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USCIS and consular processing largely continue; DOL and E-Verify do not.

Please note that this information is accurate as of October 1, 2025, and is subject to change. Should these conditions change, we will send another update.