Closing in on Closing Down—Immigration Related Agencies and the Government Shutdown

With government funding set to expire after September 30 unless Congress acts, only certain government employees will continue working after midnight on Tuesday September 30, 2025. The government operates in accordance with the AntiDeficiency Act.  When no funding is in place, the government must take measure to ensure no money is spent that hasn't already been appropriated.

Generally, contractors will also cease working, and certain U.S. government employees will face layoffs. 

There are two more days before funding runs out and it's unclear if parties will reach a deal in time to prevent a shutdown. In the event of a shutdown, the following services or agencies may be closed or limited as of October 1, 2025.

U.S. Customs and Border Protection (CBP) 

Ports of entry will remain open (and have remained open during shutdowns in the past). However, applications filed at the border may be impacted. For example, CBP could stop processing petitions or applications at the border. In that event, Canadians may not be able to apply for initial L-1 or TN status directly at the border.  

Notably, CBP has indicated that it will continue tariff revenue collections in the event of a shutdown.             

U.S. Department of State (DOS)

Visa and passport operations do not typically close during a shut down since fees are collected for performance of visa and passport services. However, if the shutdown goes on for too long, then visa processing could be limited to diplomatic visas and life-or-death emergencies. You may remember that certain U.S. consulates have had to shut down in various locations and with varying frequency previously. 

Department of Homeland Security (DHS) 

DHS has indicated that most of its security and revenue operations will be considered essential and that the Agency will remain open during a government shutdown.  However, the DHS website indicates “During a lapse in funding, the Department of Homeland Security (DHS) may only continue ‘exempt’ activities such as law enforcement and maritime protection.”

Executive Office for Immigration Review (EOIR)

In the past, only the “detained docket,” immigration court cases for detained individuals, proceeded during a government shutdown and all other cases were rescheduled for a later date. To determine whether an immigration court is open and operating, you can check here.  If you are uncertain as to whether your case is proceeding, contact the immigration court that is hearing your case.  I recommend finding out as much information as possible prior to any potential shutdown.

Department of Labor (DOL)

DOL’s Office of Foreign Labor Certification (OFLC) ceases all operations during a government shutdown.  Neither Employers nor their lawyers will be able to file applications with DOL during this time.  Additionally, DOL will not issue decisions on any previously filed applications.  This means that employers and counsel will be unable to file or to receive back any previously in process Labor Condition Applications required as a prerequisite to filing an E-3, H-1B, or H-1B1 – halting the processing of those cases. In addition, employers and counsel will be unable to file any prevailing wage requests or PERM applications. 

Please note USCIS will be able to access data uploaded from FLAG into VIBE to be able to continue processing I-140s during the shutdown.

Also, if there is a shutdown, OFLC may issue guidance about flexibility for employers with filing deadlines. 

Congressional Constituent Services 

Making a congressional request for case assistance may not be possible during the shutdown since it will depend on whether that congressional office you contact will remain opened and will continue accepting requests in the event of a shutdown. If you may need to seek congressional case assistance, or other constituent services, I recommend contacting the relevant office in advance of the shutdown. Click here to find your U.S. Senator and their telephone list.

U.S. Immigration and Customs Enforcement (ICE)

Generally, ICE Enforcement and Removal Operations (ERO) will continue during a shutdown.  Again, law enforcement activities of ICE are expected to continue.  Also, the Office of Principal Legal Advisor (OPLA) assistant chief counsels will focus on representing the government in the detained immigration court docket during a shutdown. 

ICE also manages the Student and Exchange Visitor Program (SEVP) which will be unaffected by a shutdown since SEVP is funded by the fees it collects. 

United States Citizenship and Immigration Services (USCIS) 

Congress does not fund USCIS. USCIS receives funding via the filing fees it receives from petitioners and applicants who utilize its services. Therefore, USCIS remains opened during a shutdown.  However, there is an exception as it relates to programs that receive appropriated funds such as the Special Immigrant Religious Worker Program which will sunset September 30, 2025, if no appropriations package or continuing resolution is secured. 

USCIS may accept late I-129 filings if a petition could not be timely filed due to the government shutdown (e.g. an Employer who was unable to file an H-1B because the Employer was unable to obtain a certified LCA from DOL during the shutdown). 

E-Verify, including E-Verify+   

Because it's a federally funded system, employers should expect that E-Verify systems may become unavailable. This means the system and related services will likely be taken offline.  Employers will not be able to use it to verify employment eligibility or to view or take actions on any cases.  There would be a suspension of the three-day rule requiring the creation of a case in E-Verify within three business days after an employee starts work if E-Verify is unavailable. However, employers should talk with immigration counsel to ensure those new hires are being tracked, and to determine next steps in the event of a shutdown.

With numerous impacts to consider, please reach out to your immigration counsel, or the immigration team at Womble, if you require assistance assessing options during a federal government shutdown.