Certain Immigration Programs to Be Impacted by Shutdown
On October 1, 2025, the U.S. federal government shut down following failed efforts by both major parties to provide necessary government funding. When Congress fails to pass a budget on time, certain parts of the federal government cease operations until a budget is negotiated and passed. Depending on the source of funds for each federal immigration agency, certain immigration benefit and visa services may be impacted and only essential employees will be required to report to work. Below is a list of each affected immigration agency and what is expected to happen to each agency’s operations during the government shutdown.
- U.S. Citizenship and Immigration Services (USCIS): Individuals applying for immigration benefits through USCIS should expect business as usual during the government shutdown, as USCIS is a fee-funded agency. However, certain programs that are funded by Congress may be affected.
- EB-5 Immigrant Investor Regional Center Program: This will not be affected by the government shutdown, as it was authorized by Congress through September 30, 2027.
- Special Immigrant Religious Worker Program: This program sunset on September 30, 2025 for non-minister special immigrant religious workers and was not reauthorized by Congress. Any Form I-360, Special Immigrant petitions for non-ministerial religious workers will be rejected beginning on October 1, 2025, unless this program is reauthorized.
- E-Verify: This program may become unavailable for employers throughout the duration of the government shutdown. However, USCIS has indicated that employers may continue to use the alternate review process for remote I-9 document verification if this becomes the case.
- It is also worth noting that during previous government shutdowns, USCIS accepted late Form I-129, Petition for a Nonimmigrant Worker filings provided the petition was submitted with evidence that the primary reason for failing to file an extension or change of status on time was due to the government shutdown. Whether this will continue to be true remains to be seen.
- U.S. Department of State: Visa and passport services are fee-funded and are not generally impacted by government shutdowns. However, if there are insufficient fees allocated to support a particular consular post’s workers, that post may only handle diplomatic visas and emergencies involving life or death situations.
- U.S. Customs and Border Protection: Ports of entry will continue to remain open, as inspection and law enforcement personnel are considered essential employees. However, processing of certain applications and petitions, such as TNs and L-1s for Canadian citizens, may be impacted by the lack of funding.
- Immigration and Customs Enforcement (ICE): ICE Enforcement and Removal Operations will continue despite the government shutdown, and detained individuals will continue to have regular access to counsel. The ICE Student and Exchange Visitor Program is unaffected as it is fee-funded.
- Executive Office for Immigration Review (EOIR): The docket for detained and non-detained individuals’ immigration court cases will continue as usual, though cases for non-detained individuals could be suspended at a later date. If any cases are to be rescheduled, immigration courts will issue an updated notice of hearing to respondents or representatives of record. Individuals with pending immigration court cases are encouraged to contact their local court for additional instructions and guidance.
- U.S. Department of Labor (DOL): The Office of Foreign Labor Certification will cease processing all applications in the event of a government shutdown, and all DOL websites, including FLAG, will be deactivated. This means that employers who need to file Labor Condition Applications for H-1B petitions or Prevailing Wage Determinations must wait to do so until Congressional funding resumes.
It is unclear exactly how long the current government shutdown and impact on federal immigration operations will last. The last government shutdown, which occurred in December 2018, lasted for a total of 35 days and was the longest in U.S. history. The U.S. Senate failed to agree on a budget proposal on October 1st, 2025, and another vote is not expected again until October 4, 2025. Additional updates are expected in the coming days or weeks.
