Government Shutdown 2025: Immediate Impact on USCIS, Visas, DOL, and Your Immigration Case
The federal government has officially shut down as of October 1, 2025, due to a lapse in Congressional funding.
For employers and foreign nationals, the key question is: How will this affect critical immigration agencies? While USCIS remains largely open (as it is fee-funded), the shutdown is causing significant, immediate halts in vital programs like the DOL’s OFLC and E-Verify. This comprehensive alert breaks down the current status for all major immigration-related agencies.
Shutdown Impact: USCIS Open? DOL/E-Verify Halted (Oct 2025)
| Agency | Status & Key Impact | Action Alert |
|---|---|---|
| U.S. Department of Labor (DOL) | COMPLETELY HALTED. DOL’s Office of Foreign Labor Certification (OFLC) is closed. This stops processing for PERM, Labor Condition Applications (LCA) for H-1B/E-3/H-2B/H-2A, and Prevailing Wage Requests. The FLAG application system is offline. This is the biggest immediate impact on employers. | Critical: PERM and LCA-dependent filings (H-1B, E-3, etc.) cannot be completed. Consult counsel immediately for urgent filings. |
| USCIS | LARGELY OPEN. USCIS operations continue because it is funded by application fees. You can still file petitions, attend interviews, and proceed with most scheduled appointments. Exception: Programs funded by Congress are impacted (e.g., E-Verify is NOT available). | File fee-funded petitions as usual, but anticipate possible delays. USCIS continues processing I-129 petitions for all categories, including L-1 (L-1 for Canadians, L-1 New Office), E-2( E-2 Employee Visa, E-2 for Australians, E-2 for Canadians, E-2 for UK Citizens), TN, E-1, O-1, H-1B, H-2B, H-2A, etc; processing I-140 petitions in all categories (EB-1, EB-1C, PERM EB-2 & EB-3, EB-2 NIW); processing I-526/I-526E petitions (EB-5, EB-5 Regional Centers, EB-5 Visa for Canadians); processing Marriage-Based Green Cards; processing I-485 Adjustment of Status and other immigration benefits. Employers must follow new I-9 guidance for E-Verify downtime. |
| Immigration Courts (EOIR) | CONTINUING. Immigration court cases for both detained and non-detained dockets will continue. (This is a change from some past shutdowns). | Do not miss your scheduled hearing. Consult your attorney on any potential changes. |
| Department of State (DOS) | MOSTLY OPEN. Visa and passport operations are generally fee-funded and continue. However, a prolonged shutdown could eventually limit services to diplomatic visas and life-or-death emergencies. | Attend scheduled visa interviews. Be aware of potential slowdowns at local consulates if the shutdown is extended. |
| CBP & ICE | ESSENTIAL OPERATIONS CONTINUE. Customs and Border Protection (CBP) at ports of entry, as well as Immigration and Customs Enforcement (ICE) operations, are considered essential and will continue as normal. SEVP offices also remain open. | Expect border inspections to continue. Certain applications filed at the border may see delays. |
| CIS Ombudsman | SHUTDOWN. The DHS Office of the CIS Ombudsman will stop all operations. | Liaison services are unavailable. |
Protect you, your employee’s status and your company’s compliance.
The immediate halt of DOL’s OFLC and E-Verify creates urgent compliance and filing risks. If you have an impending deadline for an H-1B, E-3, or PERM-based green card, you need a strategy to mitigate delays and potential status issues.
Malescu Law P.A. – Business & Immigration Lawyers
