US Government Shutdown: Delays for H-1B and E-Verify

The US government shutdown: Immigration impact is sending ripples of uncertainty across visa applicants, employers, and foreign nationals in the United States. As of September 30, the government has officially entered a shutdown phase, following a memorandum from Russel T. Vought, Director of the Executive Office of the President, instructing agencies to begin “orderly shutdown” operations. With no immediate clarity on the duration, individuals and businesses dependent on immigration services are bracing for delays and disruptions.

While federal shutdowns are not new, each one comes with unique consequences, particularly for immigrants and employers navigating the complex US immigration system. Based on guidance from the American Immigration Lawyers Association (AILA) and insights from leading immigration attorneys, here’s how the shutdown is expected to play out across key agencies.

US Government Shutdown: DOS – Visa and Passport Services Under Strain

The Department of State will continue visa and passport operations, as these are generally fee-funded. However, AILA cautions that prolonged shutdowns could limit services to diplomatic visas and life-or-death emergencies. Ports of entry remain open, but applications filed at borders could face setbacks.

“Visa and passport services usually continue, but if local fee reserves run out, consulates may reduce services to emergency cases only,” explained immigration attorney Abhinav Tripathi. He advised foreign nationals to plan consular-linked travel with a buffer, as prolonged shutdowns could lead to cancellations or reduced appointment availability.

USCIS: Core Services Continue, but E-Verify Suspended

US Citizenship and Immigration Services (USCIS) will continue most of its core functions, including accepting visa petitions, conducting biometrics, interviews, and even premium processing. Since USCIS is primarily funded by user fees rather than congressional appropriations, its day-to-day operations will remain steady.

However, some congressionally funded programs will pause, most notably E-Verify, a system employers use to electronically confirm work authorization. “Employers should rely on the alternative remote I-9 document review process when E-Verify is unavailable,” Tripathi recommended.

This means that while the H-1B, adjustment of status, and other petitions will move forward, employers hiring new workers may face added compliance complexities.

US Government Shutdown: DOL – Major Delays for H-1B and Green Card Filings

Perhaps the most severe US government shutdown immigration impact will be seen at the Department of Labor. The Office of Foreign Labor Certification (OFLC) ceases all operations during a shutdown, effectively halting the processing of:

• Labour Condition Applications (LCAs): Required for H-1B petitions.

• Permanent Labor Certification (PERM): A critical step in employer-sponsored green cards.

• Prevailing Wage Determinations: Necessary before filing PERM cases.

“The FLAG online portal will go offline, making it impossible for employers to file LCAs, PERM applications, or prevailing wage requests,” noted Tripathi.

Attorney Elissa Taub, partner at Siskind Susser, further emphasized, “While USCIS will keep processing H-1B and green card applications, any step requiring prior Labor Department action — such as approved LCAs or prevailing-wage determinations — will be stuck until the shutdown ends.”

For companies relying on foreign talent, this pause could mean months of delays, directly affecting hiring timelines and project planning.

Immigration and Customs Enforcement (ICE): Enforcement Continues

While many immigration services face slowdowns, enforcement remains unaffected. AILA confirmed that ICE operations will continue, with attorneys focusing on cases involving detained individuals. Additionally, the Student and Exchange Visitor Program (SEVP), which oversees international students, will remain open.

What This Means for Immigrants and Employers

The US government shutdown immigration impact highlights the fragility of the immigration system’s dependence on inter-agency cooperation. Employers seeking to file new H-1B petitions or begin green card sponsorships will be unable to move forward until DOL resumes operations. Visa applicants should prepare for potential consular delays, and employers must adjust compliance practices while E-Verify remains offline.

For immigrants already in the process, core USCIS services provide a sense of stability, but bottlenecks at other agencies could cause cascading delays.

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