Impact of Possible Federal Government Shutdown on Immigration-Related Agencies
As of Wednesday, January 27, 2026, Congress has yet to pass a funding bill that will keep the federal government open. Unless Congress passes and the President signs a funding bill into law by Friday, January 30th, the federal government will partially shut down at 12:01 am EST on Saturday, January 31, 2026.
The agencies that will be impacted by the partial government shutdown include: the Department of Homeland Security, the Defense Department, the Department of Health and Human Services, the Department of Labor, the Department of Education, the Department of Transportation, the Department of Housing and Urban Development, the Securities and Exchange Commission, the Treasury Department, the federal court system and the Department of State.
Below is a summary of how the partial government shutdown will impact immigration-related services:
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The US Citizenship and Immigration Services (USCIS)’s operations are fee-funded and a government shutdown should not directly impact the agency’s activities. Similar to the last government shutdown, the USCIS will continue to accept and process petitions and applications for immigration benefits, such as nonimmigrant petitions (e.g. H-1B, O, L) and I-130/I-140 immigrant petitions, extension and change of status applications, adjustment of status (green card) applications, and citizenship applications. Furthermore, local USCIS field offices should remain open and applicants are advised to attend interviews and appointments as scheduled. However, certain USCIS programs that are subject to congressional authorization or are government-funded, such as the E-Verify system (see below) and the Conrad 30 Waiver Program for J-1 Medical Doctors, can experience interruptions during a government shutdown. The EB-5 Immigrant Investor Regional Center Program, which requires congressional authorization, should not be impacted by a government shutdown as it was authorized through September 30, 2027.
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If there is a lapse in government funding, the E-Verify system will likely not be available for employers during a government shutdown. Employers will not be able to access their E-Verify accounts to enroll or create E-Verify cases during this time. Please note that a government shutdown does not affect the requirement for employers to complete I-9 Forms for all new hires, reverifications and rehires.
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The Department of Labor (DOL)‘s Office of Foreign Labor Certification (OFLC) operations will be suspended if there is a government shutdown. The DOL will stop processing all applications and the OFLC's FLAG system will be inaccessible to file PERM Labor Certification Applications, requests for Prevailing Wage Determinations, and Labor Condition Applications (LCAs) for H and E-3 nonimmigrant visa petitions. Furthermore, pending applications will be placed in abeyance until DOL resumes operations.
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Similar to the USCIS, the Department of State (DOS)’s visa and passport operations are fee-funded, and most immigration-related programs with the DOS should not be directly impacted by a government shutdown. However, processing times at US consular posts and embassies may be delayed.
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The Customs and Border Protection (CBP)’s operations are considered “essential” and will continue during a government shutdown. U.S. ports of entry will remain open to process travelers entering the United States. However, as was the case during previous government shutdowns, it is possible that the processing of applications or petitions filed with the CBP at U.S. ports of entry/border or deferred inspection offices may be delayed, and people seeking to enter the United States may face longer wait times.
What this Means for Our Clients
Although the USCIS and DOS will continue to accept and process petition and application filings during a government shutdown, employers could experience serious disruptions in onboarding new employees, and filing extensions or amendments for existing employees, as many employment-based USCIS petitions and some DOS visa applications require LCAs from the DOL as a prerequisite to filing.
Anticipating the possibility of a government shutdown, our team has been filing all LCA and PERM Labor Certification Applications that are eligible to be filed with the DOL. We will also be reaching out to our clients who will be impacted by the government shutdown for contingency planning.
Please contact our office should you have any questions regarding the government shutdown. We will provide updates as more information becomes available.