What the Government Shutdown Means For Immigration

 Posted on September 30, 2025 in Immigration

With the federal government facing a possible shutdown on October 1, many people are asking: what happens to immigration cases? The answer depends on which agency handles your case. Here’s a quick breakdown:

• USCIS (under DHS): Most services continue because USCIS is funded by filing fees. You can still submit applications like green cards and work permits (Form I-765). But some programs that rely on congressional funding, such as E-Verify, will go offline.
  • EB-5 Investor Program: This program is currently authorized through September 2027, so it should continue operating, though delays are always possible.
• Department of Labor (DOL): This is where shutdowns hit hardest. The DOL will stop processing Labor Condition Applications (LCAs) for H-1Bs, PERM labor certifications, and prevailing wage determinations. Employers can’t move forward with many job-based immigration filings, leaving both employers and employees stuck.
• Department of State (DOS): Visa and passport services abroad are mostly fee-funded, so embassies and consulates usually stay open. Still, expect longer wait times and delays, especially for non-urgent visas.
• EOIR (Immigration Courts): Courts for detained cases remain open and hearings continue. Non-detained cases are generally canceled and rescheduled after the shutdown, adding to already heavy backlogs.
• DHS Enforcement (CBP & ICE): Border operations, deportations, and detention continue because they’re considered "essential." Travelers may see longer lines and slower processing.

Immigration law is complicated enough without a government shutdown adding more uncertainty. Whether you’re an employer worried about a PERM case, a family waiting on a green card, or someone with an upcoming court date, knowing what to expect is key.

At Hafey & Karim Immigration, we’re here to answer your questions, guide you through delays, and help you plan your next steps. If you’re unsure how a shutdown could affect your case, give us a call — our team is ready to walk you through it.