Government Shutdown and Immigration: What You Need to Know

Last Updated: October 30, 2025

The federal government has shut down again—the 21st shutdown since 1976 and the fourth under the current administration. For those navigating the U.S. immigration system, this shutdown presents immediate and serious challenges: critical systems are offline, deadlines are uncertain, and legitimate business immigration has ground to a halt.

Historical Context

Since 1976, we've experienced 20 previous shutdowns ranging from 1 to 35 days:

• Carter Era (1976-1980): Six shutdowns over abortion funding and HEW appropriations

• Reagan Era (1981-1987): Eight shutdowns over budget cuts and defense spending

• Bush Sr. Era (1990): One 3-day shutdown over budget deficit reduction

• Clinton Era (1995-1996): Two shutdowns, including 21 days over Medicare and education funding

• Obama Era (2013): 16-day shutdown over Affordable Care Act funding

• Trump Era (2018-2019): Two shutdowns, including the longest ever at 35 days over border wall funding

  
  

This shutdown follows months of what some observers call a "rolling shutdown"—massive federal workforce reductions (300,000+ employees), frozen congressional appropriations, and targeted agency closures that disrupted government operations before this official shutdown began.

What's Different This Time

This shutdown emerges from deeper tensions over government priorities. The administration passed major legislation through budget reconciliation (requiring only 51 Senate votes), fundamentally altering spending priorities—cutting nearly $1 trillion from Medicaid and the Affordable Care Act while increasing immigration enforcement and cutting taxes for wealthy Americans and corporations.

For immigration practitioners and employers, the cause matters less than the effect: critical immigration functions are offline with no clear timeline for restoration.

Immigration Systems: What's Affected

Department of Labor (DOL) – OFFLINE

The FLAG system is completely inaccessible. Employers cannot file:

• Labor Condition Applications (LCAs) – Required for H-1B, H-1B1, and E-3 petitions

• Prevailing Wage Determinations (PWDs) – Necessary for PERM

• PERM Labor Certifications – The pathway to employment-based green cards

The Office of Foreign Labor Certification (OFLC) has ceased all operations: case processing, audits, inquiries, and website access.

BALCA appeals are on hold.

Critical point: Even though USCIS remains open, you CANNOT file H-1B petitions without a DOL-certified LCA. This is a statutory requirement under the Immigration and Nationality Act—no exceptions, no waivers.

While DOL typically tolls deadlines during shutdowns, this only protects against DOL-specific compliance violations. It doesn't change USCIS filing requirements.

What's frozen due to the DOL shutdown:

• H-1B extensions, transfers, and amendments requiring new LCAs

• E-3 visa petitions

• All PERM cases - although should be able to mail in deadline cases

• Prevailing wage requests

  
  

What can proceed: Employers with certified LCAs already in hand may still file with USCIS.

U.S. Citizenship and Immigration Services (USCIS) – OPERATIONAL

USCIS remains open (fee-funded), but with limitations:

What continues:

• Most petition and application processing

• Premium processing

• Naturalization ceremonies

• Asylum interviews

What's suspended:

• Conrad 30 J-1 Waiver Program

• Special Immigrant Religious Worker Visa Program

Important: Cases requiring DOL certifications cannot move forward despite USCIS being open.

Department of State (DOS) – OPERATIONAL

Consular visa processing continues, but prolonged shutdowns may reduce staffing at smaller consulates. J-1 waiver adjudications may face delays.

Traveler tips:

• Allow extra time for visa appointments

• Carry complete immigration documentation when traveling

• Monitor consulate-specific announcements

Customs and Border Protection (CBP) – OPERATIONAL

Ports of entry remain open but expect longer processing times and increased document scrutiny.

Immigration and Customs Enforcement (ICE) – ENFORCEMENT CONTINUES

ICE enforcement and removal operations continue uninterrupted. I-9 audits and compliance inspections may pause, but arrests, detention, and deportations proceed.

The irony: Legitimate business immigration is frozen while enforcement operates without constraints.

E-Verify – RESTORED

E-Verify was initially down but has been restored. Employers should resume case creation for all new hires and process cases from the outage period.

Social Security Administration (SSA) – LIMITED

SSA typically halts new Social Security Number applications during shutdowns, delaying onboarding for foreign nationals requiring SSNs.

Practical Guidance by Visa Category

H-1B Workers and Employers

Current H-1B workers: No immediate impact. Continue working as authorized.

Extensions with existing LCAs: May proceed with USCIS filing.

Extensions requiring new LCAs: Frozen until FLAG reopens. If your H-1B expires soon:

• The 240-day rule may apply if an extension was filed before shutdown

• Document that the shutdown prevented timely filing

• Consult counsel about whether late filing will be considered "timely filed"

H-1B cap registrations: Typically occur in March. Expect delays if shutdown extends.

Transfers and amendments: Frozen if new LCAs are required.

H-4 Spouses

Current H-4 EAD holders: Continue working while your EAD is valid. Remember: automatic EAD extensions ended October 30, 2025. (90 FR 48799, 10/30/25)

H-4 status extensions: Can proceed with USCIS (dependent on H-1B principal's petition).

L-1 Intracompany Transferees

All L-1 cases: Can proceed normally. L-1 petitions don't require LCAs.

L-2 spouses: Have employment authorization incident to status—don't need EADs to work (though many obtain them for I-9 purposes).

E-1/E-2 Treaty Traders and Investors

All cases: Can proceed through consular processing or USCIS.

E-3 Australian workers: Frozen—require LCAs.

TN NAFTA Professionals

All cases: Can proceed at ports of entry or through USCIS. No DOL processing required.

O-1 Extraordinary Ability

All cases: Can proceed with USCIS. No DOL involvement required.

PERM Labor Certification and Green Cards

PERM in any phase: Frozen. Recruitment timelines and filing deadlines are likely tolled.

I-140 petitions: Can proceed if PERM already approved.

I-485 Adjustment of Status: Can proceed with USCIS regardless of shutdown.

J-1 Exchange Visitors

Current J-1 holders: Continue programs as authorized.

Conrad 30 waivers: Suspended.

New J-1 applications: Consular processing continues; waiver review may be delayed.

F-1 Students

Current students: Continue studies. DSO services through SEVP remain operational.

OPT/STEM OPT: USCIS continues processing EAD applications. Note: STEM OPT automatic extensions are affected by the October 30, 2025 USCIS Interim Rule ending automatic EAD extensions. (90 FR 48799, 10/30/25)

CPT: DSOs can continue authorizing through SEVIS.

Deadlines and Extensions

DOL Deadline Tolling

Based on past precedent, DOL typically tolls deadlines during shutdowns:

• LCA posting requirements (10-day period)

• PWD validity periods

• PERM recruitment timeline (180-day window)

• PERM filing deadline (30-day period)

Important: Tolling protects against DOL violations but doesn't waive USCIS requirements. You still can't file an H-1B without a certified LCA.

USCIS Discretion

USCIS has exercised discretion in past shutdowns to accept late filings when delays were directly shutdown-related. However, this is:

• Not guaranteed

• Applied case-by-case

• Requires documentation

What Employers Should Do Now

Immediate actions:

1. Inventory pending cases

   • Identify what can proceed vs. what's frozen

   • Prioritize cases with existing LCAs or no DOL requirement

   • Review expiration dates

2. Communicate with employees

   • Explain delays and why they're occurring

   • Discuss contingency plans

3. File what you can

   • Proceed with USCIS petitions not requiring DOL certifications

   • Use premium processing where appropriate

   • Complete I-9s as required

4. Document everything

   • Screenshot system outages

   • Keep records of shutdown-related delays

   • Maintain correspondence showing good-faith compliance attempts

5. Prepare for FLAG reopening

   • Have LCA and PWD requests ready to file immediately

   • Review prevailing wage data

   • Update PERM recruitment materials

Strategic considerations:

• Alternative visa categories: Consider L-1, O-1, TN, or E visas that don't require LCAs

• Workforce planning: Identify at-risk positions and alternative work authorization pathways

• International remote work: Evaluate if employees can work abroad temporarily (consider immigration and tax implications)

• Compliance obligations: I-9 verification continues; E-Verify cases should be completed; maintain public access files

What Foreign Nationals Should Do

If in valid status: Continue working/studying as authorized. Your status isn't invalidated by the shutdown. Keep all immigration documents when traveling.

If status expires soon:

• Work with your employer/attorney to file extensions ASAP

• If your case requires an LCA, document that shutdown prevented filing

• Understand if the 240-day rule applies to you

• Explore alternative extension methods

If traveling internationally:

• Consular services continue; allow extra time

• Carry complete documentation

• Monitor consulate announcements

• Consider postponing non-urgent travel if visa stamp renewal is needed

If waiting for a green card:

• PERM processing is frozen; I-140 and I-485 processing continues

• If you have EAD/AP based on pending I-485, continue using it

• EAD renewals can be filed, but automatic extensions ended October 30, 2025

The Bigger Picture

This shutdown is part of a broader pattern affecting U.S. immigration:

Chronic underfunding: Even when open, USCIS faces massive backlogs. Processing times that once took months now take years.

Politicization: Immigration has become a political weapon. Shutdowns are increasingly tied to immigration disputes while the system becomes less functional.

Enforcement vs. business immigration: This shutdown illustrates a troubling trend—enforcement continues unabated while legitimate business immigration halts. The government always finds resources for detention and removal, but not for processing employment petitions.

Economic and human cost: The U.S. economy depends on foreign talent. When the system stops working, American competitiveness suffers. Behind every frozen petition is a person whose life is on hold—children can't enroll in school, mortgages can't be approved, careers are disrupted.

Looking Ahead

Short-term (days to weeks):

• Continued DOL shutdown

• Growing backlog of cases

• Increasing employer frustration

• Potential emergency filing procedures when FLAG reopens

Medium-term (weeks to months):

• Flood of pent-up filings when FLAG reopens

• Increased processing times

• Premium processing becomes even more critical

• Retroactive deadline extensions

Historical precedent: The longest shutdown lasted 35 days (December 2018-January 2019). Most resolve within days or weeks. However, this shutdown's political dynamics make predictions difficult.

Conclusion

The Department of Labor's FLAG system being offline means critical immigration pathways—particularly H-1B visas—are frozen. PERM labor certifications cannot move forward. Prevailing wage determinations are on hold.

Meanwhile, USCIS continues operating, consular services continue, and immigration enforcement continues. The system is broken in a specific way: the parts that bring legitimate workers and talent to the United States are shut down, while the enforcement apparatus operates without interruption.

For employers and foreign nationals:

1. Stay informed – Monitor DOL, USCIS, and your immigration attorney

2. File what you can – Don't wait for perfect conditions

3. Document delays – Protect yourself for future deadline issues

4. Plan for uncertainty – Hope for a short shutdown, prepare for longer

5. Advocate – Contact congressional representatives about the impact

This shutdown will end eventually—they always do. But the dysfunction it represents will likely continue. The U.S. immigration system needs fundamental reform, adequate funding, and bipartisan commitment to function. Until that happens, we'll continue lurching from crisis to crisis, with real people bearing the cost.

This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and highly dependent on individual circumstances. For guidance on your specific situation, please consult with a qualified immigration attorney.

If you have questions about how the shutdown affects your case, contact our office for a consultation.