U.S. Embassy and Consulate visa and passport operations, which are primarily fee-funded, generally continue during a government shutdown. Consulates overseas play a crucial role in providing passport and visa services to American citizens and travelers abroad during such periods. Many functions of the US mission—including embassies and consulates overseas—continue operating during a shutdown, but may be scaled back if fee revenue or funding is insufficient. A lapse in appropriations, the technical term for the government funding shortfall, triggers these operational changes. The ability to provide services depends on how long the shutdown lasts, and adjustments may be made as the situation permits to ensure essential services are maintained.
- Visa Interviews & Processing: Generally proceed as scheduled, but delays, reduced availability, or rescheduling are common, especially for non-emergency cases. All scheduled passport and visa services in the United States and at U.S. embassies and consulates continue during a government shutdown as conditions allow.
- Passport Services: Domestic and overseas passport issuance continue as they are mostly fee-funded, though processing may slow down.
- Administrative Processing: Security checks and interagency clearances (which rely on other, federally-funded agencies) are highly likely to slow down or halt, regardless of fee-funding.
Do U.S. Embassies and Consulates Stop Visa and Passport Services During a Government Shutdown?
No, the U.S. Embassy and Consulates do not typically cease all functions, but their operational stability is fragile. The U.S. Department of State (DOS), the US Department responsible for consular services, benefits from a critical distinction: its consular operations, including the adjudication of visa and passport services, are largely financed by application fees. This allows them to function outside of the immediate congressional appropriations crisis that shuts down other federal agencies.
- U.S. Embassy and Consulate visa and passport services are primarily fee-funded operations, allowing them to generally remain open during a government shutdown, distinguishing them from fully appropriated agencies. In contrast, many other federal operations are suspended during a shutdown. The Bureau of Consular Affairs is considered an essential service provider and will remain open during a government shutdown. Additionally, all services at international embassies and consulates are expected to continue during a shutdown.
Why Do Visa Services Continue? The Role of Fee-Funded Operations
The entire process hinges on the health of the Consular Fee Account. When an applicant pays a Machine Readable Visa (MRV) fee or a passport fee, that money is used to pay the salaries of the “essential” consular officers, local staff, and the operating costs of the Embassies and Consulates worldwide.
- Financial Shield: This system provides a financial shield for consular operations in the short term.
- The Prolonged Shutdown Risk: The immunity is not absolute. If the government shutdown becomes a prolonged shutdown (historically, the 2018-2019 crisis lasted 35 days, exhausting many reserves), fee collections can run low. Shutdowns typically occur when Congress fails to pass appropriations bills before the start of the new fiscal year on October 1st. At that point, the Department of State (DOS) is required to scale back to only “life-or-death” emergencies and diplomatic travel. Prior shutdowns have also impacted fee collections and disrupted the continuity of consular services.
Specific Impact on Visa Services: What You Should Expect (Detailed Breakdown)
The primary impact on applicants is not outright cancellation, but a crippling delay in capacity and interagency dependencies. Immigration applications may also experience delays due to these interagency dependencies during a shutdown.
Nonimmigrant Visa Interview Availability and Scheduling
While scheduled nonimmigrant visa interviews are likely to proceed, a backlog begins building immediately for new applicants. Furloughs of non-essential domestic support staff, who manage IT, security systems, and administrative logistics, can hobble the scheduling systems globally. However, essential consular staff continue working to process scheduled interviews, even as support staff may be furloughed.
- Visa applicants should expect longer queue times and reduced appointment capacity, even if scheduled interviews proceed.
- Reduced Appointment Slots: Embassies and Consulates may conserve staff by cutting the number of daily appointments they offer.
- Longer Wait Times: The time-to-interview for new applicants can skyrocket, potentially delaying a worker’s start date or a student’s enrollment.
- Rescheduling Risk: Due to diminished staff, the risk of a last-minute cancellation or rescheduling notice is heightened. Applicants should treat official Department of State (DOS) announcements (via the official Travel State Department website) as mandatory reading.
Delays in Administrative Processing and Security Clearances
The biggest threat to a timely visa approval is the invisible bottleneck of security checks, as these rely on appropriated funds outside the DOS.
The most significant delay for visa applicants is typically the halt or slowdown of interagency security and background checks (administrative processing delays), as the agencies conducting these checks rely on annual appropriations.
This process relies on federally funded agencies—like the FBI, the Department of Homeland Security (DHS), and intelligence communities—to perform necessary security and background clearances. When these partner agencies are shut down or operating with minimal, furloughed staff, their functions stop or slow to a crawl, resulting in the visa being placed on temporary hold.
Immigrant Visa Processing and the National Visa Center (NVC)
Immigrant visa processing (IVs) for green cards often involves multiple, time-sensitive steps managed by the National Visa Center (NVC), which is also part of the Department of State (DOS).
- NVC Operations: The NVC generally continues to collect documents, fees, and schedule interviews for both family-based and employment-based categories because its functions are sustained by fee-funded operations.
- Adoption and Refugee Processing: Past government shutdowns have shown that humanitarian and discretionary programs, like intercountry adoption and some refugee processing, are often the first to face slowdowns or total suspensions due to their reliance on appropriated support staff.
How Does a Shutdown Affect U.S. Passport Services Abroad and Domestically?
Passport services are widely recognized as essential and are also fee-funded, providing them with a high degree of operational stability.
- U.S. passport services continue both domestically and overseas, but travelers should anticipate extended routine processing times due to furloughed support staff. Passport processing times are expected to remain at normal pre-pandemic turnaround speeds during a shutdown. Passport applications can still be submitted and processed during a government shutdown, as this service is considered essential and funded through passport fees. The postal service continues to operate normally, ensuring that passport delivery and related communications are not disrupted.
Domestic vs. Overseas Passport Issuance
- Continuation Assured: Issuance of U.S. passports and emergency assistance for citizens abroad are fundamental functions of U.S. Embassy and Consulates and are considered “essential” for national security and citizen welfare.
- The Back-Office Impact: While the core function remains, non-essential personnel who handle mail processing, phone inquiries, customer service support, and records management are often furloughed. This means:
- Routine processing times for a new passport or renewal will likely increase significantly.
- Access to the National Passport Information Center (NPIC) for status updates may be severely limited.
Consular Operations and Customs: What Else Is Affected?
During a federal government shutdown, the impact on consular operations and customs services extends beyond just visa and passport processing. The U.S. Department of State’s Bureau of Consular Affairs has confirmed that while essential, fee-funded services—such as visa operations and passport issuance—will continue, certain domestic support functions may be temporarily suspended due to the funding lapse. This means that while the core consular affairs and visa services remain operational, applicants may experience delays in non-essential services, such as document authentication or notarial services, which rely on appropriated funds.
Homeland security estimates indicate that the vast majority of employees involved in customs enforcement and border protection will continue to work throughout the government shutdown. These essential services are prioritized to ensure the security and integrity of U.S. borders and the continuity of critical consular operations. The Department of State and the Bureau of Consular Affairs remain committed to maintaining the highest possible level of service for visa and passport applicants, even as some support operations are scaled back during a funding lapse. Travelers and applicants should be aware that while the main visa and passport services are fee funded and expected to continue, other consular services may be limited until full government funding resumes.
Citizenship and Social Security Services at U.S. Embassies and Consulates
Citizenship and social security services provided at U.S. embassies and consulates may face disruptions during a government shutdown. While the U.S. Department of State has stated that consular operations will largely continue, some services—such as processing new citizenship applications, Consular Reports of Birth Abroad, or certain notarial services—may be delayed or temporarily suspended if they depend on appropriated funding or domestic support staff.
For American citizens abroad, it is especially important to monitor the official State Department website for the latest updates on embassy and consulate operating status, particularly if you have upcoming appointments or urgent travel needs. The Department recommends checking for real-time information before visiting or contacting your local embassy or consulate.
Regarding social security services, the Social Security Administration has announced that benefit payments will continue as normal during a government shutdown. However, new applications for social security numbers, replacement cards, or other non-emergency services processed through U.S. embassies and consulates may experience delays. Individuals seeking these services should plan ahead and consult the official State Department website for guidance on the availability of specific services during the shutdown period.
The “Domino Effect”: How Other Agencies Impact the Department of State
Understanding the full impact of a government shutdown on the Department of State (DOS) requires an ecosystem view of the immigration system. The primary choke point is the interdependence between the DOS, USCIS, and the DOL. The US federal government plays a central role in coordinating these agencies, and a shutdown disrupts their operations, affecting the delivery of essential services and immigration processes. Customs and Border Protection, U.S. Citizenship and Immigration Services, and Immigration and Customs Enforcement retain most employees during a government shutdown. Similarly, TSA officers and air traffic controllers are considered essential and will report to work throughout a shutdown. This interagency dependence creates a critical, complex bottleneck for employers and their foreign workers.
U.S. Department of Labor (DOL) Halt and its Effect on Consular Work Visas
The Department of Labor (DOL) relies almost entirely on annual appropriations. As a result, its Office of Foreign Labor Certification (OFLC) completely ceases operation during a government shutdown.
- DOL Shutdown Impact: The DOL stops processing all Labor Condition Applications (LCAs), Prevailing Wage Determinations (PWDs), and Permanent Employment Certifications (PERM). The online Foreign Labor Application Gateway (FLAG) system goes offline.
- Crucial Connection to DOS Visas: An employer cannot file a petition for a work visa—such as the H-1B, H-1B1, or E-3—without a certified LCA. Since the LCA process is frozen, no new petitions can be filed with USCIS or the U.S. Embassy and Consulates.
- Attorney Richard Herman’s Insight: “The DOL halt creates a critical bottleneck that directly obstructs the downstream consular function for thousands of high-skilled workers. Even though the Embassy is technically open, the visa interview cannot be scheduled without the underlying approved petition, which is now stalled at the DOL stage.”
U.S. Citizenship and Immigration Services (USCIS) Continuation and Interdependencies
USCIS is also largely fee-funded, meaning most forms (I-130, I-485, I-765, I-140) continue to be processed. However, USCIS is not immune.
- Appropriation-Dependent Programs: USCIS programs that rely on federal money, such as the E-Verify system, are suspended. This forces employers to implement alternative I-9 compliance procedures, though official guidance is often issued post-shutdown to manage deadlines (e.g., the “three-day rule” suspension).
- The DOL-USCIS-DOS Chain: When the DOL halts LCA processing, USCIS cannot adjudicate H-1B petitions, even if USCIS officers are reporting to work. This USCIS paralysis prevents the case from ever reaching the U.S. Embassy and Consulates for the final nonimmigrant visa interviews or issuance.
| Agency | Shutdown Status | Key Impact on DOS Consular Services |
| Department of State (DOS) | Mostly Open (Fee-Funded) | Risks reduced capacity; priority shifts to emergencies. |
| U.S. Department of Labor (DOL) | Fully Closed (Appropriated) | Halts all LCA and PERM filings, immediately freezing new work visas (H-1B, E-3, etc.) that lead to consular interviews. |
| FBI/DHS | Limited Staff (Appropriated) | Causes administrative processing delays for all visa types due to suspended security checks. |
| USCIS | Mostly Open (Fee-Funded) | Cannot proceed with petitions that require DOL certification, leading to a massive backlog that will eventually affect DOS. |
| CBP | Essential/Open (Appropriated) | Ports of entry remain open, but staffing shortages cause longer lines and slower processing of certain border applications. |
Immigration and Customs Enforcement: What to Expect During a Shutdown
Immigration and customs enforcement operations are considered essential services and will continue to function during a federal government shutdown. The Department of Homeland Security has confirmed that the majority of employees in border protection and customs enforcement will remain on duty, ensuring that critical security and enforcement activities are not interrupted. This means that ports of entry, customs inspections, and immigration and customs enforcement activities will proceed as usual, safeguarding both national security and the flow of international travel.
However, not all services are immune to the effects of a federal shutdown. Some non-essential operations, such as immigration court cases on the non-detained docket, may be suspended or postponed until government funding is restored. In contrast, cases on the detained docket will continue to be processed. The U.S. Mission and the official State Department website will provide updated security information and urgent safety alerts regularly, so individuals with upcoming appointments or urgent travel plans should check these resources frequently.
International travelers and those seeking visa services should be prepared for possible delays in processing and should stay informed about the latest developments. The duration of the federal shutdown can affect how quickly full operations resume, so it is crucial to plan accordingly and remain vigilant for updates from government agencies and the Department of Homeland Security.
Key Steps Applicants and Travelers Must Take During a Shutdown
When political gridlock strikes, proactive action is the only defense against severe administrative processing delays.
- Monitor Official DOS Communications First: Always consult the official U.S. Embassy and Consulates website and the website of the specific consular post for the most accurate, real-time status. The authoritative source for travel and visa status is the official Travel State Department website. However, be aware that these sources may not be updated regularly during a government shutdown, as routine communications can be temporarily suspended.
- Postpone Non-Essential Travel for New Visas: Foreign nationals needing a new visa stamp (e.g., renewing an H-1B at an Embassy) should seriously consider postponing non-essential international travel. The risk of being stuck abroad indefinitely due to a minor delay is simply too high during a government shutdown.
- Document Everything for USCIS Relief: Employers should meticulously document all attempts to file LCAs and PWDs during the shutdown period. In past crises, USCIS has occasionally accepted late Form I-129 filings (petitions for nonimmigrant workers) under the “extraordinary circumstances” policy, provided the delay was directly attributable to the shutdown.
Frequently Asked Questions on the Government Shutdown Impact
Q: Will my scheduled visa interview at a U.S. Embassy or Consulate be canceled during the shutdown?
A: No, your scheduled visa interview is highly likely to proceed. The U.S. Embassy and Consulates are fee-funded operations, meaning interviews and visa adjudications typically continue in the short term. However, applicants should be prepared for potential delays, staff reductions, or last-minute rescheduling notices if the shutdown becomes a prolonged shutdown. The White House often issues official statements and manages the executive response during a government shutdown, which can impact how agencies operate and communicate updates. Always confirm your status on the official Department of State travel website before traveling.
Q: How does a fee-funded agency like DOS differ from an appropriated agency like the DOL?
A: The primary difference lies in the funding source. Fee-funded agencies, such as the Department of State (DOS) for visa and passport services and USCIS, rely mainly on the fees paid by applicants, which allows them to continue most operations during a government shutdown. Appropriated agencies, like the Department of Labor (DOL) and the Immigration Courts (EOIR), rely directly on annual funding from Congress; when that funding lapses, these agencies must suspend nearly all non-essential functions, including the processing of LCAs and PERM applications.
Q: Is the E-Verify system available for employers during a federal government shutdown?
A: No, the E-Verify system is not available during a government shutdown. E-Verify relies on appropriated funding and is typically taken offline immediately when a funding lapse occurs. Employers cannot enroll, initiate new cases, or resolve Tentative Non-Confirmations (TNCs). However, employers must still comply with Form I-9 completion deadlines and create E-Verify cases retroactively once the system is restored, often receiving an extension on the standard “three-day rule.”
Q: If USCIS is open, why would my H-1B or employment-based green card process still stop?
A: The process stops due to the “Domino Effect” caused by the DOL shutdown. While USCIS is fee-funded and remains open, it cannot approve or process certain employment-based petitions (like H-1B or E-3 visas, or I-140 petitions based on PERM) without the prerequisite labor certification from the DOL. Since the DOL is shut down and the FLAG system is offline, the critical first step (LCA or PERM filing/certification) is frozen, thus stalling the entire immigration pipeline that leads to consular interviews.
Q: Can the Department of State cancel or postpone my immigrant visa processing (Green Card) even if they are fee-funded?
A: While the Department of State (DOS) continues immigrant visa processing, delays are common, especially in the long term. The biggest vulnerability is the halt in administrative processing delays (security checks) conducted by other federally-funded security agencies. If the shutdown persists and these security checks cannot be completed, the final visa issuance will be postponed, regardless of the availability of fee revenue at the U.S. Embassy and Consulates.
Q: What should I do if I have a filing deadline or my H-1B status is maxing out during the shutdown?
A: Consult with an immigration attorney immediately, as legal deadlines do not generally change just because the government is closed. If you are unable to file a time-sensitive petition (like an H-1B extension) due to the unavailability of a required LCA from the DOL, USCIS may recognize the shutdown as an “extraordinary circumstance” and excuse a late filing on a case-by-case basis. You must carefully document the cause of the delay. Employers facing PERM deadlines may be able to file by mail to establish timely submission, though this is a complex strategy requiring expert guidance.
Conclusion: Preparing for the Potential Risk of a Prolonged Shutdown
The government shutdown reveals the often-overlooked vulnerabilities in our complex immigration apparatus. While fee-funded operations provide the Department of State (DOS) with short-term protection, the reliance on appropriated agencies for essential security clearances and labor certifications creates a cascading failure across the system. Non-detained docket cases will be reset for a later date when funding resumes during a government shutdown. However, immigration court cases on the detained docket continue during a government shutdown. For applicants and employers, the core message remains one of heightened vigilance and immediate preparation to mitigate the risks of a prolonged shutdown and the massive backlogs that follow its resolution.
Resources and References
- U.S. Department of State (DOS) Travel Status: For the official status of worldwide U.S. Embassy and Consulates services, travelers and applicants should check the DOS Bureau of Consular Affairs website: Travel.State.Gov
- USCIS (E-Verify) Guidance: For official instructions regarding I-9 and E-Verify compliance during a shutdown, refer to the U.S. Citizenship and Immigration Services E-Verify page: E-Verify.gov
- Department of Labor (DOL) Status: The status of the Foreign Labor Application Gateway (FLAG) system and all LCA/PERM processing should be monitored directly via the Department of Labor website: U.S. Department of Labor
- Immigration Practitioner Guidance (AILA): For detailed, agency-by-agency practice alerts created by immigration attorneys, the American Immigration Lawyers Association (AILA) website often provides summary guides on shutdown impacts: American Immigration Lawyers Association (AILA)
- Immigration Reports and Analysis (AIC): For non-partisan research and analysis on the economic and societal impacts of immigration, including historical data on shutdowns, consult the American Immigration Council: American Immigration Council
Author Bio/Profile
This comprehensive analysis is provided by Richard T. Herman, Esq., a nationally recognized immigration lawyer and founder of the Herman Legal Group, an immigration law firm dedicated to serving immigrants and employers across the United States. Richard is a passionate advocate for immigrant rights and economic revitalization through immigration, a perspective detailed in his internationally-acclaimed book, Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker).
Richard has guided countless clients through complex immigration crises, including past government shutdowns, providing him with the unique Experience, Expertise, Authoritativeness, and Trustworthiness ( necessary to advise during these periods of uncertainty. You can learn more about Richard’s legal services and his team on the Herman Legal Group website page, review his professional background on Richard’s bio page, and connect with Richard via social media platforms and his website:
