What Happens During The Government Shutdown?

What Happens When the Government Shuts Down?

When the federal government shuts down due to a lack of funding, most agencies close and furlough non-essential employees. Immigration agencies, however, do not all operate the same way during a shutdown. Below is an overview of how key immigration-related agencies may be affected, based on past shutdowns. We will continue to share updates as new information becomes available.

Immigration Courts (EOIR)

• Immigration courts are currently keeping non-detained cases on schedule. This differs from past shutdowns, when only detained cases moved forward and non-detained hearings were reset.
• If your case is reset, you should receive a new hearing notice from the court.
• For the latest updates, check EOIR’s Immigration Court Operational Status page.

U.S. Citizenship and Immigration Services (USCIS)

• Because USCIS is funded mainly through filing fees, most operations continue during a shutdown.
• Programs that depend on congressional appropriations may be suspended, including E-Verify, Conrad 30 J-1 doctors, and non-minister religious workers.
• EB-5 Regional Centers are not affected since they are funded through September 30, 2027.
• The Special Immigrant Religious Worker Program will end September 30, 2025, unless Congress acts before then.
• If E-Verify shuts down, employers can continue using the alternate remote I-9 verification process.
• After past shutdowns, USCIS allowed late H-1B extensions when the shutdown was the primary reason for the delay.

Department of State (DOS)

• Visa and passport services usually continue since they are fee-funded.
• However, if funds run short at a specific consulate, that post may limit services to diplomatic visas and urgent emergencies only.

Customs and Border Protection (CBP)

• CBP inspection and law enforcement officers are considered essential, so ports of entry remain open.
• Processing of border-filed applications, however, may face delays.

Immigration and Customs Enforcement (ICE)

• ICE enforcement operations continue. Attorneys from the Office of Principal Legal Advisor focus on detained dockets in immigration court.
• The Student and Exchange Visitor Program (SEVP) continues since it is fee-funded.
• Attorneys should still be able to schedule calls and visits with detained clients.

Department of Labor (DOL)

• The Office of Foreign Labor Certification (OFLC) stops processing applications during a shutdown. Its systems, including FLAG, go offline.
• BALCA and DOL Administrative Law Judge dockets are paused.
• Employers should file PERM or Labor Condition Applications (LCAs) before a shutdown to avoid delays.
• OFLC may issue deadline flexibility guidance after funding resumes.
• For the January 2026 H-2B filing period, employers are strongly advised to submit prevailing wage requests (Form ETA 9141) early to avoid shutdown complications.

✅  Immigration services do not all stop during a government shutdown, but many face delays or limitations. If you have upcoming filings or deadlines, prepare early to avoid disruption. For assistance, visit our Contact Page or call us at (216) 566-9908.