A partial government shutdown affecting the Department of Homeland Security entered its third day on February 17, 2025, following a congressional impasse over federal funding. The shutdown affects multiple agencies critical to immigration processing, creating significant uncertainty for foreign nationals, visa holders, and U.S. employers navigating the immigration system.
Understanding the Current Shutdown
The funding lapse began on February 15, 2025, after congressional negotiations failed to produce a spending agreement for the Department of Homeland Security through September 2025. Congress entered recess until February 23, 2025, with no immediate resolution in sight.
According to official statements, approximately 90% of DHS employees continue working without pay during the shutdown period. While certain immigration enforcement operations continue due to separate funding provisions, several crucial immigration services face disruption.
Immigration Services Affected by the Shutdown
The shutdown creates direct impacts on multiple immigration processes essential to foreign nationals and their U.S. employers:
Labor Condition Applications and Department of Labor Processing
The Department of Labor’s suspension of services directly affects employers seeking to hire foreign workers. Certified Labor Condition Applications (LCAs) required for H-1B, H-1B1, and E-3 visa petitions cannot be obtained during the shutdown period. This disruption affects employers planning new hires or transfers requiring these visa classifications.
PERM labor certification processing and prevailing wage determinations have also halted. Employers with pending applications or those planning to initiate the permanent residence process face indefinite delays until normal operations resume.
Consular Processing Delays
Foreign nationals awaiting employment-based visa interviews at U.S. embassies and consulates worldwide may experience appointment delays or cancellations. The State Department’s consular services operate under the Department of Homeland Security’s broader immigration framework, and funding disruptions can affect scheduling and processing timelines.
Individuals with scheduled visa appointments should monitor their local embassy or consulate website for updates regarding potential changes to operations.
E-Verify System Concerns
The E-Verify system, which employers use to confirm employment eligibility, could face operational disruptions if the shutdown continues. Should the system go offline, employers would be unable to create new cases or resolve tentative nonconfirmations for current employees. This creates compliance concerns for employers required to use E-Verify under federal contracts or state law mandates.
Services Expected to Continue
Despite the shutdown, certain immigration operations remain functional:
USCIS Operations
U.S. Citizenship and Immigration Services operates primarily through application fees rather than congressional appropriations. USCIS will continue processing Form I-129 petitions for H-1B workers, Form I-140 immigrant petitions, adjustment of status applications, naturalization applications, and other standard immigration benefits.
However, processing times may be affected indirectly due to coordination requirements with other government agencies experiencing shutdown-related disruptions.
CBP Inspection Functions
U.S. Customs and Border Protection inspection and law enforcement functions are classified as essential services. Foreign nationals entering the United States through ports of entry should not experience interruption to standard inspection procedures. Immigration officers will continue processing travelers at airports, land borders, and seaports.
Historical Context and Duration Uncertainty
The previous extended government shutdown lasted 43 days from December 2024 through January 2025. While that shutdown had different parameters, it demonstrates the potential for prolonged funding impasses.
Immigration attorneys and employers should prepare for potential extended disruptions to Department of Labor services and consular operations. The current congressional recess until February 23, 2025, means no legislative solution can be implemented before that date at the earliest.
Recommended Actions for Foreign Nationals and Employers
Foreign nationals and employers should consider the following steps during this shutdown period:
For Employers: Review upcoming LCA expiration dates and H-1B petition deadlines. Identify any time-sensitive filings that require Labor Department certifications. Consider whether alternative visa classifications not requiring LCA certification may be available for critical hiring needs.
Employers with pending PERM applications should anticipate processing delays extending beyond the shutdown period as the Department of Labor addresses backlogs created during the funding lapse.
For Foreign Nationals: Monitor official government websites including USCIS.gov, the State Department’s travel.state.gov portal, and the Department of Labor’s website for operational updates. Individuals with upcoming visa interviews should check their local U.S. embassy or consulate website regularly for schedule changes.
Foreign nationals in the United States maintaining valid status should continue complying with all visa conditions and maintain documentation of lawful presence.
For All Stakeholders: Consult with experienced immigration counsel regarding time-sensitive matters. An immigration attorney can assess individual circumstances, identify potential alternatives, and develop contingency plans for shutdown-related delays.
Looking Ahead
The duration and ultimate resolution of this shutdown remain uncertain. Foreign nationals and employers should remain vigilant for updates from official government sources as congressional negotiations resume.
Ahluwalia Law Offices continues monitoring developments affecting our clients and the broader immigration community. Our firm remains operational and available to address questions regarding how the shutdown may affect your specific immigration matters.
