How Does a Government Shutdown Impact Immigration and Visas?

When the U.S. federal government shuts down because Congress fails to pass funding bills, many non-citizens, employers, and families worry about what happens to immigration services. The short answer is that most operations through the United States Citizenship and Immigration Services (USCIS) continue, but certain areas of the immigration system slow down or pause completely. At The Bernard Firm, we help businesses, universities, service companies, and families stay informed and proactive during these periods.

If you are managing a visa application or immigration process, it is essential not to wait for the government to reopen. Contact us for immediate guidance on keeping your filings on track during a shutdown.

How a Shutdown Impacts Federal Immigration Agencies

USCIS primarily relies on filing fees rather than congressional appropriations, so it continues to process most applications during a shutdown. According to information from USCIS, roughly 96 percent of its funding comes from application fees rather than the federal budget (USCIS.gov). Petitions such as family-based or employment-based filings can still be submitted and reviewed.

However, not every agency operates this way. The United States Department of Labor (DOL) administers the Foreign Labor Application Gateway (FLAG) online portal and various program certifications such as Labor Condition Applications (LCAs), prevailing wage determinations, and permanent and temporary labor certifications, which are funded through appropriations. These services typically pause during a shutdown, which can slow down the certification process required for employment-based petitions. The U.S. Department of State may also scale back some visa operations at embassies and consulates if funding disruptions last longer than expected.

If your company or family depends on an employment or family based immigration  filing, early preparation is key. Consulting with an immigration attorney before a lapse in funding helps avoid disruptions and ensures filings are completed on time.

Employer-Sponsored Visas and Filing Delays

For businesses sponsoring employees through H-1B, H-2A, H-2B, or PERM labor certifications, a government shutdown can temporarily halt key steps. Since DOL’s systems are essential for LCAs and prevailing wage requests, any suspension of these programs can create bottlenecks.

While USCIS continues to accept filings, petitions relying on DOL certifications may need to wait until systems are restored. This can affect universities, construction firms, and seasonal employers planning to onboard foreign workers. Employers should also note that the E-Verify program is suspended during shutdowns, meaning new cases cannot be created until funding is reinstated.

By working with an immigration attorney, employers can develop alternative staffing plans and track certification timelines to ensure minimal disruption to their workforce.

Individual and Family Visa Processing

Immigrant and nonimmigrant visa interviews at U.S. embassies are largely fee-funded and usually continue, though applicants may experience longer processing times or rescheduled appointments. Those already in the United States can remain in lawful status during a shutdown, though some travel or extension delays may occur. Continue checking the Department of State’s travel site for updates on embassy operations.

Families working with a U.S. immigration lawyer can ensure that applications are submitted accurately, timelines are managed, and travel plans remain compliant with U.S. immigration law.

Practical Steps During a Shutdown

For Employers:

• Review upcoming immigration filings that rely on DOL approvals.
  
• Maintain compliance with I-9 requirements and document verification.
  
• Communicate clearly with foreign national employees about possible delays.
  

For Individuals and Families:

• Monitor embassy announcements for scheduling changes.
  
• Keep copies of all immigration documents.
  
• Avoid unnecessary international travel until visa operations normalize.
  

For Everyone:

• Plan proactively with an immigration lawyer to avoid missed deadlines.
  
• Track updates from USCIS and the Department of State for accurate guidance.
  

Preparing for Timing and Continuity

A government shutdown does not halt the entire immigration system, but it does create uncertainty for those who rely on time-sensitive filings. Businesses and individuals should use this period to strengthen compliance, gather documentation, and seek counsel on alternative strategies. At The Bernard Firm, our immigration services are designed to help you prepare and move efficiently, even when parts of the government are closed. Learn more about our services on our immigration page, or explore our team for support with employment- and family-based immigration.

Despite the challenges a shutdown brings, staying informed and supported can prevent costly mistakes.

Keep Your Immigration Goals on Track

At The Bernard Firm, we guide employers, workers, and families through visa and immigration matters even during periods of government uncertainty. Our firm provides clear guidance and personalized support to keep your filings on schedule. If you have pending applications or upcoming deadlines affected by a government shutdown, contact us today to schedule a consultation and protect your immigration goals.