The federal government has been shut down since October 1, 2025, following the failure of Congress to pass appropriations or a continuing resolution. While the funding lapse continues, several immigration functions have now partially stabilized:
✅ E-Verify is back online (as of October 8–9, 2025).
✅ All immigration court cases continue as originally scheduled
This article explains how immigration agencies are adapting under partial operations, which services are active, and what employers, immigrants, and attorneys should expect during the ongoing shutdown.
1. The Current State of the Shutdown
The funding lapse began October 1 after negotiations collapsed (ABC News).
Mass furloughs and layoffs (RIFs) across multiple departments have strained agency capacity (Politico).
Courts have temporarily limited further terminations pending review (Washington Post).
For context, see the Antideficiency Act background and CRS Shutdown Analysis.
2. Immigration Agency Operations
U.S. Citizenship and Immigration Services (USCIS)
Operating normally (fee-funded):
- Processing of I-130, I-140, I-485, N-400, I-765, and other benefit forms.
- Biometrics and interviews where offices remain open.
- Digital tools: Case Status Online | Processing Times.
Delayed:
- Background/security checks that depend on the FBI or DOS.
- FOIA and customer-service requests.
Snippet Call-Out: USCIS remains open, but cases needing external verification are moving slower.
Department of Labor (OFLC – PERM, LCA, PWD)
➡ dol.gov/agencies/eta/foreign-labor
Still suspended: PERM filings, Labor Condition Applications, and Prevailing Wage Determinations.
The FLAG Portal remains offline.
Employers cannot file new H-1B or PERM cases until funding is restored.
See updates from Fragomen and AILA.
Department of State (DOS) – Embassies and Consulates
Operations continue using fee reserves, but many smaller posts have reduced routine visa appointments.
Check U.S. Embassy & Consulate Updates for local status.
Customs and Border Protection (CBP)
➡ cbp.gov
CBP officers are working without pay as “excepted employees.”
Ports of entry are open but understaffed. Expect longer lines and delays for secondary inspections and Trusted Traveler interviews (TTP Portal).
Immigration and Customs Enforcement (ICE)
➡ ice.gov
- Enforcement, detention, and removal operations continue.
- Administrative processing and transport services face delays.
- Locate field offices via ICE ERO Directory.
Executive Office for Immigration Review (EOIR)
Both detained and non-detained dockets are proceeding, though with reduced clerical support.
See EOIR Operational Status for daily court notices.
Immigration courts are in session for both detained and non-detained cases — but expect sparse staff and slower decisions.
E-Verify (Work Authorization System)
Status: E-Verify is fully back online as of October 8–9, 2025.
- Employers had until October 14 to enter hires made during the outage.
- Follow official guidance: E-Verify Resumes Operations.
- HR briefs: SHRM Update and Equifax Compliance Checklist.
Snippet Call-Out: E-Verify is live again — clear any backlogged cases and follow TNC timelines per USCIS rules.
3. Real-World Effects
- Applicants: Processing continues but slower due to interagency delays.
- Employers: May file E-Verify again but still cannot submit PERMs or LCAs.
- Families: Visa interviews abroad subject to local availability.
- Students: SEVIS updates and DS-2019 issuances continue with minor delays.
- Courts: Backlogs are growing but hearings are now in session.
4. What to Do Now
For Immigrants and Applicants
- Check cases frequently via myUSCIS.
- Bring printed copies of receipts and interview notices.
- Track EOIR court updates.
- Save copies of every notice or communication for future motions.
For Employers
- Use E-Verify normally; enter any backlogged hires from the outage.
- Maintain manual I-9 records as backup.
- Document hiring delays caused by the shutdown.
- Consult the HLG Employer Guide (2025).
For Attorneys and Advocates
- Resume attending non-detained hearings.
- Prepare for continued staff shortages and scheduling issues.
- Collect evidence of shutdown impacts for motions to reopen or extend.
5. Key Takeaways (October 15, 2025)
- Shutdown ongoing; partial operations nationwide.
- USCIS: Open and fee-funded.
- DOL: PERM/LCA/PWD systems still offline.
- DOS: Limited visa operations on reserves.
- CBP & ICE: Enforcement ongoing but slowed.
- EOIR: Both detained and non-detained cases proceeding.
- E-Verify: Back online; backlog cleared by October 14.
- Expect multi-month backlogs even after full funding returns.
6. Resources
Government & Policy
- White House OMB Contingency Plans
- DHS Shutdown Procedures 2025
- CRS Shutdown Overview
- Committee for a Responsible Federal Budget – Shutdown Q&A
Agency Status
- USCIS Newsroom
- DOL OFLC News
- DOS Visa Newsroom
- CBP Newsroom
- ICE Newsroom
- EOIR Operational Status
- E-Verify News
Employer Guidance
- SHRM – E-Verify Resumption Alert
- Equifax Compliance Checklist
- Ogletree Deakins – Immigration Shutdown 2025
Herman Legal Group Resources
- Herman Legal Group Homepage
- Book a Consultation
- Richard T. Herman Bio
- E-Verify Employer Guide (2025)
- Immigrant, Inc. on Amazon
About the Author
Richard T. Herman, Esq. is a nationally recognized immigration lawyer and founder of the Herman Legal Group. He has over 30 years of experience guiding immigrants, families, and employers through complex immigration law and policy changes. He is co-author of Immigrant, Inc. and a leading advocate for inclusive immigration reform.
📞 Call 1-216-696-6170 or visit Book a Consultation to connect with Richard or his team.
