Tuesday Immigration Update: Preparing for a Possible Federal Government Shutdown

The federal government is facing the possibility of a partial shutdown beginning October 1, 2025, if Congress does not pass a funding measure before the end of the fiscal year. While a shutdown may still be avoided, immigration stakeholders should be prepared for disruptions to certain processes.

What Could Be Affected​

• Department of Labor (DOL): Immigration functions such as PERM labor certification, Labor Condition Applications (LCAs), and prevailing wage determinations would likely be suspended. Online systems may go offline, halting new submissions.
• U.S. Citizenship and Immigration Services (USCIS): Since USCIS is primarily funded by application fees, most petitions and applications should continue. However, some cases may experience delays if they depend on other government agencies that are closed.
• Department of State (DOS): Visa processing at U.S. consulates and embassies may continue as long as there are sufficient fee funds. Domestic passport services could be impacted if facilities close. Extended shutdowns may cause slowdowns in non-emergency visa processing.
• Customs and Border Protection (CBP): Inspections at borders and ports of entry will continue. Processing of certain employment-based applications at ports of entry (such as TN or blanket L visas) is expected to remain available.
• Immigration and Customs Enforcement (ICE): Enforcement operations are expected to continue. The SEVIS system for student and exchange visitor monitoring should also remain active.
• E-Verify: The system may become unavailable during a shutdown. Employers may be unable to initiate new cases or resolve tentative non-confirmations. Employees should not be penalized for verification delays caused by system outages.
• Religious Worker (EB-4 Non-Minister) and Conrad 30 Programs: These programs could lapse if Congress does not extend their authorization, halting applications under these categories.

What This Means for Employers and Applicants

• Expect Delays: Processing times may lengthen for cases requiring DOL action or inter-agency coordination.
• Plan Ahead: Employers should file LCAs, prevailing wage requests, and PERM cases in advance when possible.
• Keep Documents Ready: Ensure you have necessary approvals, receipts, or supporting documents on file before the deadline.
• Stay Informed: Agencies may issue guidance about what services will continue during the shutdown.

📩 For case-specific advice and guidance on preparing for a possible shutdown, contact the Law Office of Julia L. Stommes at [email protected].

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].