If the U.S. government shuts down over a budget impasse, it will impact many immigration cases in various ways, since a mix of federal agencies that govern immigration are funded differently. This is what immigrants, employers, and families should know.
- U.S. Citizenship and Immigration Services (USCIS)
USCIS handles most immigration applications (H-1B visa petitions, adjustment of status green cards, employment authorization documents (EAD), naturalization, etc.). USCIS will remain open as it does not rely on Congress for its funding.
- What continues: Most USCIS services, including processing of applications and interviews, continue during a shutdown.
- What may slow down: Some programs that rely on federal appropriations (like E-Verify) could pause, delaying employment verification.
- Department of State (DOS)
The State Department oversees U.S. embassies and consulates abroad, where visas are issued and services are provided for US passport services.
- What continues: Many consular operations continue as long as fees cover the costs.
- What may stop: If a shutdown is prolonged and funds run out, visa and passport processing could be suspended or significantly delayed.
- Department of Labor (DOL)
The DOL plays a key role in employment-based immigration, especially for H-1B, PERM labor certifications, and prevailing wage determinations. Regarding the H-1B visa petition, the DOL is responsible for certifying the Labor Condition Application (LCA), which is required for filing H-1B visa petitions,
- What stops: During a shutdown, DOL’s immigration-related functions usually cease entirely because they depend on congressional funding. This can halt or delay employment-based visa petitions that require DOL approval.
- Executive Office for Immigration Review (EOIR – Immigration Courts)
Immigration courts fall under the Department of Justice and are responsible for issuing removal (deportation) orders and making detention and bond determinations. Their operations depend on appropriated funds.
- What continues: Courts typically remain open for detained cases (individuals in immigration detention).
- What pauses: Non-detained immigration cases are generally postponed, adding to already severe case backlogs.
- Customs and Border Protection (CBP) & Immigration and Customs Enforcement (ICE)
These agencies are part of the Department of Homeland Security and focus on enforcement.
- What continues: Border security, inspections, and ICE detention/deportation operations continue as “essential services.”
- What may change: Certain administrative functions, hearings, or non-emergency services could be delayed.
- Congressional and Constituent Services
The immigration liaisons of congressional offices may be closed during a government shutdown. Please contact the individual office for more information.
Bottom Line
A U.S. government shutdown doesn’t stop immigration entirely — but it creates confusion, delays, and disruptions, especially in employment-based immigration and immigration court cases.
Attorney Monique Kornfeld’s office will continue to monitor developments and provides updates as additional information becomes available.