What You Need to Know About a Possible Government Shutdown

Introduction

The government’s current stopgap spending measure expires on March 14, 2025. With less than two weeks left, Congress remains at an impasse, increasing the likelihood of a government shutdown. The deadlock revolves around several budgetary issues, such as cuts to foreign aid, disagreements over past spending legislation, and major reductions to the federal workforce.

If no deal is reached by the deadline, the government may be forced to furlough hundreds of thousands of workers and halt nonessential services, potentially causing major disruptions to public services.

What Happens During a Government Shutdown

When government agencies close for budgetary reasons, all personnel deemed "non-essential" are furloughed. Below is a summary of how immigration-related agencies operate during a shutdown:

What Happens During a Government Shutdown

When government agencies close for budgetary reasons, all personnel deemed "non-essential" are furloughed. Below is a summary of how immigration-related agencies operate during a shutdown:

U.S. Citizenship and Immigration Services (USCIS)

USCIS is primarily funded through fees, so it generally continues to operate during a shutdown. However, certain programs that rely on appropriated funds may be suspended or affected such as E-Verify and the Conrad 30 Program.

USCIS has confirmed that a government shutdown would not impact the H-1B cap registration process for FY 2026. However, it may impact the filing of H-1B cap petitions and the H-1B cap filing dates. Since the Department of Labor suspends operations during a shutdown, the Labor Condition Application (LCA) required for H-1B petitions cannot be processed during that time.

In past shutdowns, USCIS has accepted late I-129 filings if petitioners can demonstrate that the primary reason for the delay was the government shutdown.

Customs and Border Protection (CBP)

Inspection and law enforcement personnel at CBP are deemed "essential." Ports of entry will remain open, and passenger processing will continue. However, applications filed at the border may experience delays.

Immigration and Customs Enforcement (ICE)

ICE enforcement and removal operations will proceed as usual. The ICE Student and Exchange Visitor Program (SEVP) will continue operations, as it is fee-funded.

Department of State (DOS)

Visa and passport operations are primarily fee-funded, so they remain operational. However, consular operations could be limited if fee revenues are insufficient at a particular location. In such cases, services would prioritize diplomatic visas and "life-or-death" emergencies.

Department of Labor (DOL)

In the event of a shutdown, the DOL’s Office of Foreign Labor Certification (OFLC) will cease processing applications such as LCAs, PERMS and prevailing wage requests. Its personnel will be unavailable to respond to inquiries. Web-based systems such as FLAG will be inaccessible, and BALCA dockets will be paused.

Conclusion

For more detailed information on how specific agencies and programs will be affected by a potential government shutdown, please reach out to your trusted immigration professionals at Chugh, LLP.