In the United States all federal government activities are shut down starting from October 1,2025. There was a budget gap and Congress failed to pass the budgetary provisions on time.
This led to the suspension of operations of several federal government agencies.
If this shutdown continues for a long period of time there is a potential risk of economic instability especially for native and foreign employers and employees and applicants for immigration benefits.
How Will Agencies Operate During the Shutdown?
U.S. Citizenship and Immigration Services (USCIS)
As primarily self-funding government agencies continue operations, so does USCIS and immigration benefits will continue to be processed. However, certain programs like E-Verify are shut down temporarily.
Department of Labor (DOL)
The Department of Labor will be affected the most. Because federal fund programs like PERM, Labor Condition Applications (LCA), and prevailing wage determinations, all of these crucial steps will be suspended.
Employers who sponsor H-1B employees or Green Card applicants will be directly impacted by this since they will be unable to proceed with labor certification and associated procedures.
U.S. Department of State
Because they are fee-funded, visa and consular services are able to stay open for the time being.
The problem starts if the shutdown continues for notably longer periods of time. In that case, we can expect staff shortages and delays in appointments.
Executive Office for Immigration Review (EOIR)
While cases involving detained individuals will proceed as scheduled, hearings for non-detained cases have been postponed until funding is restored.
Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)
Border security and immigration enforcement are “essential services,” both Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) will carry on with business as usual.
Recommendations for Employers and Employees
Pending Applications:
This shutdown will likely delay some of the applications. If you have any pending petitions or applications, such as H-1B, L-1, or PERM, you should be prepared for delays.
For any filings that need DOL certification, it is best to modify your timelines appropriately and make alternate schedules.
Mind Your Deadlines:
To prevent missing important deadlines, submit filings as soon as you can.
Keep Documentation Organized:
To avoid more issues, employers and workers should keep all supporting documentation and visa-related paperwork current and organised.
Review Travel Plans:
Travellers should review and adjust their travel plans as needed due to possible consular delays or appointment cancellations.
Conclusion
We can expect significant delays in immigration processes in relation to the DOL. Employers and foreign nationals will definitely feel the effects of this, even though USCIS is not the primary agency affected.
We understand that this brings a huge level of uncertainty, so the Oguz Law team follows all developments for our clients. To get the latest updates you can follow us both on here and other platforms. We also continue to provide strategic legal guidance during this period to help minimize any negative effects on you.
For any questions or assistance, please contact us.
