The U.S. Government Shutdown: Its Impact on Immigration Cases

Quick Hits

• As of October 1, 2025, the U.S. government has officially shut down, triggering widespread furloughs and service disruptions as agencies begin implementing contingency plans.
• Congressional negotiations remain deadlocked, with both parties entrenched in their positions and no bipartisan agreement in sight.
• Fee-based operations, such as USCIS case processing and consular visa services, continue, though delays may occur if the shutdown persists.
• The U.S. Department of Labor’s (DOL) immigration-related functions and E-Verify system are offline; U.S. Customs and Border Protection (CBP) continues essential operations.

As of this writing, the likelihood of federal lawmakers reaching a quick deal to reopen the federal government remains low. Both political parties are holding firm to their negotiating positions at this early stage because it can take some time for the tangible impacts of the shutdown to materialize. However, over time, pressure may grow on both parties to return to the bargaining table. For example, constituents who may be adversely impacted by the shutdown may put pressure on moderate Senate Democrats to join with Republicans in passing a “clean” continuing resolution. Similarly, Republicans’ position may be weakened if the shutdown threatens to have a negative impact on the country’s economy. Ultimately, history demonstrates that federal government shutdowns rarely result in a political “win” for either party.

CBP’s inspection and law enforcement functions are considered essential and should continue during the shutdown. Immigration-related applications that are processed at ports of entry are expected to be processed, though they could be affected by limited staffing.

The DOL’s immigration-related functions have shut down, and related websites have been taken offline, impacting the submission, access, and processing of Labor Condition Applications (LCAs), applications for permanent employment certification (PERM), and applications for temporary employment certification. This, in turn, can impact the filing or preparation of immigration matters such as H-1B, E-3, or H-1B1 petitions that utilize certified LCAs, I-140 petitions that utilize certified PERM applications, or other cases that rely on DOL-issued data.

Additionally, E-Verify will be offline, and participating employers will not have access to their accounts.

Next Steps

For additional information, please read this detailed analysis by Ogletree Deakins’ Immigration Practice Group.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will publish updates on the Immigration blog as additional information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ Administration Resource Hub.

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