Potential U.S. Government Shutdown Threatens Disruptions to Key Immigration Processes

The United States faces the possibility of a federal government shutdown as the deadline to pass the FY 2025 budget or a stopgap spending measure approaches. If Congress fails to act by September 30, 2024, a partial shutdown could begin on October 1, affecting various government functions. While some immigration services will continue, others could experience significant disruptions, potentially delaying certain processes for employers and foreign nationals.

Fee-based immigration services, such as those handled by U.S. Citizenship and Immigration Services (USCIS) and the State Department, including visa and citizenship document processing, are expected to continue during a shutdown. However, several key programs, including the USCIS E-Verify system, the EB-4 non-minister religious worker program, and the Conrad 30 program for international medical graduates, are at risk of expiration if Congress does not act. The Department of Labor (DOL), which handles crucial immigration-related functions, would suspend operations such as processing Labor Condition Applications (LCAs), PERM applications, and prevailing wage requests. During the shutdown, these processes, including online submissions, would come to a halt.

As Congress continues to debate the FY 2025 federal budget, there remains a chance that funding could run out by September 30, leading to a shutdown. While essential services may continue, several non-essential immigration functions, particularly those managed by the DOL, would be paused. This could delay the hiring process for foreign nationals and affect existing applications. Although a shutdown is not certain, Congress is actively negotiating short-term funding solutions, which have become a common practice in recent years. The most recent government shutdown occurred in late 2018 and lasted for 35 days.

If a shutdown occurs, the DOL would suspend its immigration-related functions, halting the processing of PERM applications, LCAs, and prevailing wage requests, as well as taking offline all online submission systems. USCIS would continue to process fee-based applications, but there may be delays in cases that rely on support from suspended government functions, such as security clearances. The State Department’s visa and citizenship document processing would proceed as long as filing fees remain available to fund operations, though some passport offices housed in closed federal buildings may be affected.

Customs and Border Protection (CBP) inspection functions at U.S. borders and ports of entry would remain operational, with no impact on immigration applications processed at the border. Immigration and Customs Enforcement (ICE) would continue its enforcement activities, as well as the operations of the Student and Exchange Visitor Information System (SEVIS). However, if E-Verify authorization expires, employers would be unable to initiate new queries or resolve existing cases until the program is reauthorized. Employers should not take adverse action against employees due to these delays and must continue to meet their obligations under Form I-9. Additionally, the SAVE system, used by state and federal agencies to verify an applicant’s immigration status, would remain in operation.

Employers are advised to consult with their immigration counsel to assess whether they should submit any time-sensitive DOL applications, such as prevailing wage requests or PERM applications, by the September 30 deadline. While a shutdown remains uncertain, preparing for potential delays is essential as negotiations continue. Staying informed about the latest developments will be crucial in navigating the impact on immigration processing and federal operations overall.