What a Government Shutdown Means for the Immigration System - American Immigration Council
Key Takeaways
- Most USCIS (U.S. Citizenship and Immigration Services) case processing continues because it is primarily fee-funded.
- EOIR (immigration courts) typically keep detained dockets moving but postpone non-detained hearings, worsening backlogs.
- E-Verify is usually suspended during a shutdown, affecting employer hiring compliance timelines.
- U.S. consulates may continue visa services as long as fee balances remain available; prolonged shutdowns can force cutbacks.
- Some DOL (Department of Labor) foreign labor programs—like LCAs for H-1B and PERM—can pause if that department lacks funding.
What Stays Open
USCIS generally continues to accept and adjudicate applications and petitions—such as green cards, naturalization, employment authorization, and many humanitarian benefits—because the agency runs largely on filing fees, not congressional appropriations. SEVP/SEVIS, the student program that tracks F-1/M-1 students, is also fee-funded and normally stays online. Essential border and interior enforcement functions at CBP (Customs and Border Protection) and ICE (Immigration and Customs Enforcement) continue, even if staff work without pay, which can strain operations but keeps ports of entry and enforcement active.
What Slows or Stops
Immigration courts under EOIR (part of the Department of Justice) typically limit proceedings to detained cases only. Non-detained hearings are postponed and rescheduled, adding months or longer to already lengthy case backlogs. E-Verify—DHS’s online employment eligibility tool—is generally unavailable during a lapse in appropriations; when it returns, DHS customarily offers flexibility on deadlines for creating cases and resolving tentative nonconfirmations. The State Department’s visa and passport services are fee-supported and often continue initially, but posts can scale back to emergencies if fee carryover runs low. Depending on which agencies lose funding in a given shutdown, DOL’s Office of Foreign Labor Certification could halt LCAs (labor condition applications) for H-1B filings, prevailing wage requests, and PERM labor certifications, which would stall certain employment-based cases until funding resumes. It has been reported that refugee resettlement and certain overseas processing functions could also be curtailed if relevant appropriations lapse.
What Applicants and Employers Should Do Now
Applicants should file online where possible, monitor case status, and keep biometrics and interview notices—USCIS appointments typically proceed. If you have an immigration court hearing and you are not detained, assume it may be postponed and check EOIR hotlines and your attorney for updates. International travelers should build in extra time, carry proper documentation, and confirm consular appointment status—especially if a shutdown is prolonged. Employers must continue completing Form I-9 on time; if E-Verify is down, create cases once it reopens and follow DHS guidance on extended deadlines. Companies planning H-1B changes or PERM filings should closely track DOL operational status and adjust timelines, as labor filings can be a chokepoint in a shutdown.
Source: Original Article