ARTICLE
6 October 2025

Immigration Considerations In A Government Shutdown

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Jackson Lewis P.C.

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The current government funding expired at the end of the fiscal year without a continuing resolution, resulting in a government shutdown. A federal government shutdown can create ripple effects across immigration processes...
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The current government funding expired at the end of the fiscal year without a continuing resolution, resulting in a government shutdown. A federal government shutdown can create ripple effects across immigration processes, but the impact varies depending on the agency.

Since USCIS is fee-funded, most operations — like processing petitions and applications — continue as usual.

However, programs that depend on annual appropriations may be suspended. These include E-Verify, certain religious worker categories, and the Conrad 30 J-1 waiver program. If E-Verify is temporarily unavailable, USCIS has confirmed employers may continue using the new alternate I-9 document review process for remote hires. During the previous government shutdown, USCIS suspended the "three-day rule" for completion of E-Verify and provided follow-up guidance once E-Verify came back online.

Similarly, for the duration of any shutdown, employees will be unable to resolve Tentative Non-Confirmations. During a previous shutdown, USCIS specifically indicated that the time period for resolving Tentative Non-Confirmations will be extended and days the federal government was closed would not count toward the eight federal government workdays the employee has to go to the Social Security Administration or contact the Department of Homeland Security. Employers are advised that they may not take any adverse action against an employee because of an E-Verify interim case status, including while the employee's case is in an extended interim case status due to a federal government shutdown.

Employers that intend to sign up for E-Verify will be unable to do so during the shutdown. Federal contractors that are required to use E-Verify should contact counsel or their contracting official to determine how best to proceed during this period.

At the Department of State, visa and passport services generally continue since they are also fee-funded, although consular operations may be scaled back if fee revenue is insufficient. Customs and Border Protection inspection personnel are "essential," so ports of entry remain open, but application processing at the border could slow.

Based on experience during past shutdowns, the Department of Labor (DOL) Office of Foreign Labor Certification likely will not accept or process applications or responses it receives, including Labor Condition Applications, Applications for Prevailing Wage Determinations, Applications for Temporary Certification, or Applications for Permanent Employment Certification. Web-based resources, including the Foreign Labor Access Gateway Portal (FLAG), likely also will be unavailable during shutdown.

State and federal wage and hour requirements aside, H-1B, H-2B, and E-3 employees who are placed on non-productive status or reduced work schedules nevertheless must continue to be paid at the full rate specified on their visa documentation. Implementation of salary reduction, reduced work schedules, or furloughs likely will trigger the need to file amended Labor Condition Applications and H-1B/H-2B/E-3 visa petitions with DOL and USCIS, respectively.

For a full overview of how a government shutdown may affect federal contractors and employers more broadly, see our special report. Our attorneys will continue to monitor the situation and provide updates.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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