Important Update: How the Government Shutdown Affects Your Immigration Case

Today the U.S. federal government has entered a shutdown due to a lapse in congressional funding. This situation affects several immigration-related agencies and services.

Below is a summary of how our  immigration matters may be impacted by agency.

What Continues During the Shutdown

USCIS (U.S. Citizenship and Immigration Services):

  • Remains operational as it is fee-funded and therefore we can file petitions. USCIS will continue to approve petitions.
  • 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.   We are unsure if USCIS will accept late filings this time.

CBP (Customs and Border Protection):

  • Inspection and law enforcement personnel are considered “essential.” Ports of entry will be open, and processing of passengers will continue; however, processing of applications filed at the border may be impacted.  We will keep your updated on such applications.

Department of State (Consulates & Embassies):

  • Visa Processing Continues: Scheduled immigrant and nonimmigrant visa services at U.S. embassies, consulates, and domestic centers will continue.  Employees with immigrant or nonimmigrant visa appointments should plan to attend as scheduled
  • Embassies and Consulates Remain Open: U.S. embassies and consulates abroad will remain operational for national security reasons, even as other DOS functions are suspended.
  • Fee-Based Operations: Because visa operations are funded through fees rather than appropriations, services will remain available as long as sufficient fee balances exist. Localized disruptions could occur if staffing or facilities are affected by broader shutdown restrictions.  This signals that while operations remain open, we should anticipate the possibility of delays or resource constraints.
  • Monitor Post-Specific Updates:  Employees should check the websites of embassies and consulates prior to their appointments for any changes in operating status, as well as the travel.state.gov site for general information agency services and operating status.
  • Prepare for Delays: While services continue, shutdown-related restrictions may limit responsiveness to non-urgent matters and could contribute to slower case processing.

ICE & SEVP:

  • Enforcement operations and student visa services continue.

What Is Suspended or Delayed

Department of Labor (DOL):

  • All functions are paused. Therefore unless we have a certified LCA, we will not be able to file an H-1B application.  Please ensure your recruiters are aware of this fact prior to committing a new employee for a project on a specific date in the near future. The following cannot be filed nor we will receive any adjudications.
    • Labor Condition Applications (LCAs)
    • PERM labor certifications
    • Prevailing wage determinations

E-Verify:

  • Offline during the shutdown.
  • Employers must still complete Form I-9 using alternate procedures.