U.S. Immigration Alerts

What Employers Should Do If There Is a Government Shutdown

FGI ALERT: September 29, 2025

As the fiscal year ends, Congress may fail to pass a budget or continuing resolution by midnight, September 30, 2025, triggering a shutdown. All but essential personnel would be furloughed. The Trump administration has also threatened mass firings of federally funded employees in non-statutory programs not aligned with presidential priorities, though the feasibility of such sudden reductions is questioned.

Employers with foreign national workers should understand which immigration functions may be affected. Based on prior shutdowns, here is how key agencies may respond and steps employers can take.

U.S. Citizenship and Immigration Services (USCIS)

• As a fee-based agency, USCIS should continue processing petitions and applications, though processing delays are possible.
• New filings, extensions, and green card steps may proceed.
• Petitions requiring a certified Labor Condition Application (LCA)—H-1B, H-1B1, E-3—may be delayed if LCAs are not certified before shutdown and cannot be approved until certification resumes.
• USCIS has previously accepted late I-129 filings delayed by shutdowns with supporting evidence, but it is unclear if that policy will repeat.

E-Verify, which requires appropriated funds, will be unavailable.

• Employers must still complete Forms I-9 on time and enter information into E-Verify once it reopens.

Employers should:

• File LCA-dependent petitions (H-1B, H-1B1, E-3) before shutdown.
• Keep evidence of any shutdown-related filing delays.
• Continue timely Form I-9 completion and plan to update E-Verify later.
• Monitor USCIS announcements regarding filings without or with pending LCAs.

Department of Labor (DOL)

• The Office of Foreign Labor Certification (OFLC) will likely close, halting processing of LCAs, prevailing wage requests, PERM applications, and PERM audit responses.
• The Foreign Labor Application Gateway (FLAG) system will be disabled, preventing access to print or submit applications.
• Appeals with the Board of Alien Labor Certification Appeals (BALCA) will be on hold.

Employers should:

• Submit LCAs, prevailing wage requests, and PERM applications before shutdown.
• Download/print approved applications and certifications early.
• Prepare for processing delays when operations resume.

Department of State (DOS)

• Visa and passport operations are fee-funded, but past shutdowns have seen reduced or halted visa issuance.
• Those with visa appointments should expect possible delays or disruptions.
• International travelers risk extended delays and possible inability to reenter the U.S.

Employers should:

• Advise employees to expect visa delays.
• Review and limit non-essential international travel near shutdown dates.

Immigration and Customs Enforcement (ICE) / Customs and Border Protection (CBP)

• Both are essential agencies and should remain fully operational.
• Ports of entry and land crossings will remain open.
• Individuals applying for immigration benefits at ports of entry or pre-clearance (e.g., TN or L-1 for Canadians) should confirm local operations.

Employers should:

• Confirm operations at ports or pre-clearance sites for TN/L-1 applications.
• Advise employees on possible location-specific variations.

Executive Office for Immigration Review (EOIR)

• Based on 2013 precedent, EOIR will continue detained case adjudication and supporting court functions.
• The Board of Immigration Appeals (BIA) will process emergency stay requests, detained case appeals, motions, federal court remands, and bonds.
• The BIA Clerk’s Office will accept filings, and the Office of the Chief Administrative Hearing Officer will issue subpoenas and accept statutorily required complaints.
• Other functions will be suspended.

Employers should:

• Expect processing delays for non-detained cases.
• Check EOIR’s website for court-specific operational updates.

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.