— As of October 10, 2025

As of October 10, 2025, the U.S. Citizenship and Immigration Services (USCIS) continues most fee-funded operations despite the ongoing federal shutdown. However, programs dependent on appropriated funds or other agencies—like DOL labor certifications—have been suspended, delaying employer-based immigration.

A government shutdown is an event of a government that disrupts immigration-related operations, often caused by lapses in government funding.

E-Verify was suspended, but was activated on October 9, 2025.

1. Background: What the 2025 Government Shutdown Means for Immigration

The U.S. government entered a funding lapse on October 1, 2025, after Congress failed to pass an appropriations bill. A continuing resolution is a temporary measure used to extend government funding and avoid a shutdown when a full appropriations bill has not been enacted. When this happens, only “essential” services continue while many government employees are furloughed.

This shutdown is due to a lapse in government funding and federal appropriations, meaning agencies that rely on these funds are directly affected. Because USCIS operates mostly on application fees, it continues processing most cases, unlike fully appropriated agencies such as the Department of Labor (DOL) or Department of Justice (DOJ), which depend on federal appropriations to fund their operations.

This article explains what’s still running, what’s paused, and how employers and applicants can adapt.

2. Why USCIS Is Only Partially Insulated

Fee-Funding vs. Appropriations

USCIS’s operations are financed by filing fees, so its core functions—adjudications, biometrics, naturalization—usually stay active.

But programs relying on appropriated funds (certain grant or humanitarian programs) are frozen until Congress restores funding. The Special Immigrant Religious Worker Program for non-minister religious workers expired and must be reauthorized by Congress to resume.

According to AILA, this insulation “softens but doesn’t eliminate” disruption across the immigration ecosystem.

“USCIS remains open because it’s fee-funded—but partner agencies like DOL and DOJ have stopped work, disrupting the entire system.”

Interagency Dependencies

Even fee-funded adjudications rely on other agencies for certifications and security checks. USCIS depends on multiple federal agencies and other government agencies, including government agencies such as DOL, FBI, and DOS, for certifications and security checks. When DOL, FBI, or DOS slow down, USCIS output drops. This interdependency between USCIS and its partner government agencies makes even “open” USCIS services experience longer queues and deferred approvals. Most USCIS offices will continue to operate during a government shutdown, albeit with diminished staff. Once the government shutdown ends, a backlog of filings at the DOL is expected to lead to further processing delays, and key agencies such as homeland security may also experience operational impacts.

3. USCIS Functions Continuing During the Shutdown

According to USCIS guidance, these services remain operational, and most immigration benefits continue to be processed during the shutdown:

• Family and employment petitions (Forms I-130, I-140)
• Adjustment of status (Form I-485)
• Naturalization applications (Form N-400)
• Work permits / EADs (Form I-765), which are essential for verifying employment eligibility
• Travel documents (Form I-131)
• Premium Processing (Form I-907), unless suspended
• Biometrics and interviews at field offices
• Online portals and customer service, where USCIS continues to provide updates to applicants and employers

USCIS field offices remain open, though processing may slow if staffing shortages occur.

“Adjustment of status, naturalization, and immigration benefit processing continue uninterrupted at USCIS despite the federal shutdown.”

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4. Functions Suspended or Delayed

E-Verify Activation After Suspension

On Octobe 9, 2025, USCIS announced that E-Verify was back up and running. During a government shutdown, the E-Verify system will be taken temporarily offline. The three-day rule for E-Verify cases is suspended during a government shutdown.

USCIS had previously taken E-Verify completely offline:

• No new cases or enrollments
• No tentative-nonconfirmation (TNC) resolutions
• No account access for employers
• The period for employees to resolve Tentative Nonconfirmations will be extended during a government shutdown.

Per Seyfarth Shaw, the three-day rule for creating new cases was suspended, but employers must still complete Form I-9 as normal. When E-Verify is offline during a government shutdown, employers may use the alternate document review process for I-9 verification to maintain compliance.

DOL Labor Certifications (LCA / PERM)

The DOL Office of Foreign Labor Certification and FLAG system are offline. Fragomen confirms: The DOL’s websites, including the Foreign Labor Application Gateway (FLAG) website, will be taken offline during a shutdown. The U.S. Department of Labor (DOL) will cease its immigration-related functions during a government shutdown.

• LCAs for H-1B and E-3 petitions paused
• Permanent employment certification (PERM) processing halted
• Prevailing wage determinations paused
• PERM labor certifications and prevailing wage requests halted
• All submissions pending until funding resumes. The DOL will neither accept nor process any Labor Condition Applications (LCAs) during a shutdown.

This means no new H-1B, H-1B1, or E-3 filings relying on a fresh LCA can proceed.

Immigration Lawyer Richard Herman: :DOL certifications are paused—creating a critical bottleneck for employer-sponsored immigration.”

Appropriation-Dependent Programs

According to the American Immigration Council, programs frozen include:

• Religious Worker (Non-Minister)
• Certain USCIS grant initiatives and integration projects
• Some refugee and asylum support functions
• Conrad 30 J-1 Waiver Program for foreign medical graduates

5. Ripple Effects Across the Immigration System

Because DOL, DOS, and DOJ are partially closed, ripple delays cascade through:

• FBI background checks
• Consular visa issuance (including consular operations and consular services, which may be reduced or halted during a shutdown, affecting visa applications and visa appointments)
• Interagency case transfers
• Employer onboarding when E-Verify is offline

Foreign nationals needing new visa stamps should anticipate longer waits at consular posts abroad when a government shutdown occurs. The Department of State (also known as the State Department) oversees consular operations and may limit services depending on available funding, which can impact visa applications and visa appointments.

At the border, ports of entry and border protection functions are critical for immigration enforcement and customs processing. These operations may be affected by staffing shortages or operational changes during a shutdown.

Employers depending on H-1B hires or visa renewals face project delays and potential staff gaps.

6. How the 2025 Shutdown Differs

Greater Fee Resilience

USCIS’s fee structure gives it more independence than in earlier shutdowns, but “insulated” doesn’t mean “immune.”

Digital Continuity

USCIS Online Accounts remain operational, though system congestion and notification lags may increase.

Grace Periods

Historically, USCIS allowed late filings for cases delayed by government closure.
Ogletree Deakins expects similar flexibility this year.

“In 2025, USCIS is better equipped than ever—but DOL dependencies and offline verification systems remain its weak link.”

7. Practical Guidance for Stakeholders

Employers

1. Continue Form I-9 verifications.
2. Document every delay or system outage.
3. Postpone E-Verify cases until system reopens.
4. Prepare PERM and LCA drafts for submission once DOL resumes.
5. Monitor USCIS and DOL OFLC updates.
6. If a government shutdown delays an employer’s application for a work visa extension, USCIS may provide additional flexibility on a case-by-case basis.

Applicants

1. Keep receipts and proof of filings.
2. Attend USCIS appointments unless canceled.
3. Expect longer adjudication times.
4. Review green card guides for adjustment timelines.

Attorneys

1. Track client cases meticulously.
2. File USCIS-only matters promptly.
3. Preserve proof of shutdown-related delays.
4. Coordinate nationally through Herman Legal Group’s network.

8. Strategic Filing Options: I-129 (H-1B) Without LCA

When the DOL FLAG system is offline, employers cannot obtain a certified Labor Condition Application (LCA) — a mandatory H-1B filing requirement.

In limited situations, some employers have attempted “protective filings” to preserve status or timing. Employers may submit PERM applications by mail during a government shutdown if the FLAG website is offline.

Legal Background

Under 8 C.F.R. § 214.2(h)(4)(i)(B)(1), USCIS requires a certified LCA for all H-1B petitions. If none exists, the petition may be rejected. But in past shutdowns, some employers filed anyway with documentation showing DOL system closure.

Protective Filing Steps

1. Attach an uncertified LCA copy submitted through the offline portal.
2. Include screenshots or sworn declarations proving DOL inaccessibility.
3. Add a cover letter labelled “Filed During Government Shutdown – LCA Unavailable Due to DOL Closure.”
4. Provide a timeline showing attempts to comply and reference the DOL shutdown notice.

USCIS has no formal policy guaranteeing acceptance, so results vary. Rejected petitions must be refiled immediately after the shutdown.

When It May Be Justifiable

• Employee’s status expiring soon.
• Shutdown prolonged with no DOL access.
• Employer can show good-faith effort and clear documentation.

Cover Letter Sample Line:

“Filed During Federal Government Shutdown – Certified LCA Unavailable Due to Department of Labor System Closure.”

Alternative Options

• Wait and file once systems reopen using premium processing.
• Temporarily assign employee to a worksite covered by an existing LCA.
• Explore alternative visa categories like TN or O-1.
• Consult experienced H-1B counsel to weigh risks and grace-period protection under 8 C.F.R. § 214.1(l)(2).

Important Disclaimer

This is a high-risk, discretionary strategy with no assurance of acceptance. Employers should document everything and proceed only after consulting qualified immigration counsel.

Business Immigration Attorney Richard Herman: “Some employers file ‘protective’ H-1B petitions without LCAs during shutdowns. This may preserve timing—but USCIS acceptance is not guaranteed.”

9. Frequently Asked Questions

Q: Can I still file an H-1B petition during the shutdown?
Yes, USCIS accepts petitions, but if a certified LCA is required and unavailable, the case may be rejected unless a protective filing is attempted.

Q: Is premium processing still running?
Yes, as of October 10 it remains active for most case types.

Q: Are late filings excused?
USCIS often grants leeway for delays directly caused by government closure.

Q: What about immigration courts?
Non-detained hearings are postponed; detained cases continue as essential functions.

10. Outlook: The Road Ahead

The impact of the shutdown depends on its duration. If brief, backlogs will be minor. If prolonged, expect:

• Surging premium-processing requests after reopening.
• Delayed DOL certifications and PERM decisions.
• USCIS case reprioritization to clear backlogs.
• Catch-up mode for months after funding returns.

Veteran Immigration Lawyer Richard Herman: “As of October 10, 2025, USCIS continues most core functions, but DOL certifications remain suspended—creating bottlenecks in employment-based immigration.”

Author Bio / Profile

Richard T. Herman, Esq. is a nationally recognized immigration lawyer and founder of the Herman Legal Group, the Law Firm for Immigrants. With over 30 years of experience, he has guided thousands of employers and individuals through complex immigration processes nationwide.

He is co-author of Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy and a frequent media commentator on immigration policy.

For consultations, visit his bio pageor schedule online through the Book Consultation portal.