Navigating the US immigration system is complex enough without adding the uncertainty of a government shutdown. When Congress is unable to pass a budget to fund federal agencies, many non-essential government services are suspended. For immigrants, students, and employers, this can create concern about processing delays, rescheduled appointments, and growing backlogs.
Because the US immigration system involves multiple agencies, the impact of a shutdown varies widely. Understanding which services continue and which ones pause is key to managing your immigration plans with confidence. This guide breaks down what you need to know.
How Key Immigration Agencies Are Affected
During a shutdown, services are divided into “essential” and “non-essential.” Essential services, such as border security, continue to operate. However, many administrative functions are paused or slowed down. Here’s how a shutdown typically impacts the agencies most important to you.
US Citizenship and Immigration Services (USCIS)
USCIS, the agency responsible for most green card, work permit, and citizenship applications, is unique because it is primarily funded by application fees, not by Congress.
- What continues: Core services like processing applications for green cards, work permits (EADs), and naturalization are expected to continue.
- Potential for delays: Even with funding, limited staffing and shutdown-related constraints can lead to slower processing times.
- What may pause: Programs that depend on congressional funding, such as E-Verify and certain special visa programs, may be suspended temporarily.
Department of Labor (DOL)
The DOL relies on congressional funding, making it one of the agencies most affected by a shutdown. This directly impacts employers and skilled workers.
- What stops: The DOL cannot process key documents required for many work visas, including:
- Labor Condition Applications (LCAs) for H-1B visas.
- PERM labor certifications for employment-based green cards.
- Prevailing Wage Requests.
- The impact: Employers seeking to file petitions for H-1B workers or sponsor employees for green cards must wait until the shutdown ends.
E-Verify System
- Status: The E-Verify system, used by employers to confirm an employee’s eligibility to work, goes offline during a government shutdown.
- Employer responsibility: Employers must still complete Form I-9 for every new hire but cannot use the E-Verify system until it is back online.
Immigration Courts
The impact on immigration courts depends on the individual’s detention status.
- Detained cases: Courts continue to hear cases for individuals in ICE custody.
- Non-detained cases: Hearings for those who are not detained are postponed until after the shutdown is over. This unfortunately adds to existing backlogs and can delay case resolutions for months or even years.
US Embassies and Consulates
Visa and passport services at US embassies and consulates abroad are partially funded by the fees they collect.
- What continues: Many routine visa and passport services will likely remain operational.
- Potential for delays: Due to limited staffing, you may experience delays or rescheduled appointments, especially for non-emergency visa interviews.
Border and Enforcement (CBP & ICE)
Border security and enforcement are considered essential functions.
- What continues: Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) continue their operations, including inspections at ports of entry, patrols, and enforcement activities.
Frequently Asked Questions: What Does This Mean for You?
- Will my legal status be canceled during a shutdown? No. A government shutdown does not invalidate or cancel your valid immigration status or pending application.
- Can my employer still file my H-1B visa? Not if it requires a new Labor Condition Application (LCA). The Department of Labor stops processing LCAs, so your employer must wait until the shutdown ends to get the necessary certification before filing your H-1B petition with USCIS.
- What happens to my visa interview at a US consulate? While many consular services continue, staff shortages can cause delays. It is wise to check the specific embassy or consulate website for updates and be prepared for potential rescheduling.
- My immigration court hearing was scheduled during the shutdown. What should I do? If you are not detained, your hearing will be postponed. You should receive a new hearing notice after the government reopens. This unfortunately leaves many people in legal limbo for a longer period.
How to Prepare and Stay Informed
While a shutdown can be disruptive, a proactive approach can help you manage uncertainty.
- Stay Informed: Regularly check the official websites of USCIS, the Department of State, and the Department of Labor for the latest operational updates.
- Document Everything: If your appointment or hearing is canceled or postponed, keep a clear record of the notification and any related communications.
- Be Patient and Prepare for Delays: Once the government reopens, expect longer-than-usual processing times as agencies work through the backlog, especially in immigration courts.
- Plan Travel Carefully: If you have international travel plans, allow extra time for potential visa processing delays at consulates.
- Consult an Expert: For advice specific to your case, consider speaking with an immigration attorney who can provide guidance tailored to your situation.
While a government shutdown introduces temporary hurdles, it does not stop the entire immigration system. By understanding its effects and planning accordingly, you can navigate your immigration journey with greater peace of mind.
