IMPACT ON IMMIGRATION MATTERS IF GOVERNMENT SHUTDOWN OCCURS

Though Congress is continuing to negotiate on the FY2026 budget, if no agreement is reached, and/or no other stopgap method implemented, we will unfortunately be faced with a government shutdown on October 1, 2025.  While there is hope that this will not happen, it is possible many federal government agencies will suspend operations until an agreement is reached.  This could impact immigration functions including Department of Labor filings, Department of State filings, Customs and Border Protection operations and some USCIS functions.

IMPACT ON GOVERNMENT AGENCIES RELATED TO IMMIGRATION PROCESSING:

• DOL (Department of Labor):

AILA is indicating that OFLC functions (under the Department of Labor) are not “excepted” from a shutdown. Consequently, in the event of a government shutdown, OFLC will neither accept nor process any applications or related materials (such as audit responses), it receives, including Labor Condition Applications (LCA), Applications for Prevailing Wage Determination (PWD), Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification (PERM). OFLC’s web sites, including FLAG, would become static and unable to process any requests or allow authorized users to access their online accounts. However, OFLC confirmed that USCIS should still be able to access data which was uploaded from FLAG into VIBE before the shutdown in order to continue adjudicating certain I-129 H-2 and I-140 PERM-based petitions. If there is a shutdown, OFLC may issue guidance about flexibility for employers with filing deadlines. While the DOL made accommodations in prior years, there is no way to be certain it will do so again.

• DOS (Department of State):

Visa and passport operations will remain open, however, depending on how long the shutdown lasts, work might become limited (such as for diplomatic visas and life-or-death emergencies). The Department of State will continue as many normal operations as possible; operating status and available funding will need to be monitored continuously and closely.

WHAT FOREIGN NATIONAL EMPLOYEES AND THEIR EMPLOYERS SHOULD KNOW:

The government shutdown will almost certainly have an impact on how the government is able to process immigration related filings and applications.  It is possible for filings and applications that are pending with the government to be delayed and it is possible that some filings and applications may not be able to proceed.  Examples of practical impact on foreign national and employers are:

• Visa Applications at a U.S. Consulate: Even if the U.S. Consulates plan to remain open and process visa applications, this will occur only as long as funding remains available. Foreign national employees who plan to travel internationally in the next few months and apply for visa stamps at a U.S. consulate should therefore be aware that their visa stamp application may not be processed in the anticipated timeframe OR may not be processed at all which could result in the inability to return to the U.S.

Foreign nationals who have applied for a visa stamp at a U.S. consulate and are currently awaiting security clearance should also anticipate possibly delays as the government agencies that are a part of the security clearance process may suspend operations as part of the government shutdown.

• Border Applications (TN, L1, etc):  Border applications are processed by U.S. Customs and Border Protection (CBP).  Foreign national employees should anticipate these functions to be possibly impacted by the government shutdown. Inspection and law enforcement personnel are considered “essential,” and ports of entry will remain open. 

• PERM Filings with the Department of Labor (DOL):  During the government shutdown, all DOL immigration related functions will be suspended.  This means that the online system by which PERM applications are filed will not accept new cases.  For PERM cases already filed with the DOL, processing will be temporarily suspended during the government shutdown.

• Application and Petition Filings with USCIS:  USCIS will likely continue to process applications and petitions including nonimmigrant filings (H1B, L1, TN, O1, etc) and immigrant filings (I-140, I-485, etc).  This is because these filings are “fee for service” based activities and not subject to government appropriations.

PLEASE NOTE:  Although USCIS will continue to accept applications and petitions, if a portion of the application or petition requires supporting documentation from another government agency that has suspended operations, the USCIS application/petition may be delayed.  For example:

• An H1B petition filing requires a certified Labor Condition Application (LCA) issued by the Department of Labor.  An employer may not be able to file an H1B in a timely fashion if an LCA is not included with the filing.  In the past, when DOL operations have been shut down, the USCIS has made exceptions and accepted H1B filings without certified LCAs.  However, no announcement has been made as of yet regarding this ability.

• Applications for I-485 Adjustment of Status require background checks.  If the government agencies handling the background checks are shut down, I-485 processing may be delayed.

• An I-140 filing requesting USCIS to reference a prior PERM filing may be delayed if USCIS cannot obtain a copy of the prior PERM filing from the Department of Labor because the Department of Labor is shut down. As mentioned above, OFLC confirmed that USCIS should still be able to access data which was uploaded from FLAG into VIBE before the shutdown.

• Social Security Number (SSN) Applications:  In prior shutdowns the SSA experienced delays including for issuance of new SSN applications or applications for replacement cards.

• Drivers License Renewal:  While drivers license issuance is a state function, the ability to obtain or renew a license could be impacted by the government shutdown. Some state DMVs rely on federal systems (for example, USCIS SAVE) to verify immigration status; if those systems or supporting agencies reduce operations during a shutdown, issuance or renewal of driver’s licenses that require such verification could be delayed.

Younossi Law, PC will continue to monitor developments related to the government shutdown as they pertain to immigration related matters and will advise clients accordingly.  For now, we do recommend that employers share this information with their foreign national population immediately.  ***Given the upcoming holiday season when international travel is common, it is essential that employees and employers are aware of what to expect with regard to potential delays in the ability to return to the United States and can plan accordingly.***

Should you have questions regarding this Immigration Report, please contact the immigration professional with whom you usually work at Younossi Law, PC.