What Happens to Immigration Cases During a Government Shutdown?

When news of a possible U.S. government shutdown circulates, many immigrants and their families understandably worry about how it might affect their immigration cases. While a shutdown does disrupt certain federal operations, immigration services often continue, though not without some important exceptions.

USCIS (U.S. Citizenship and Immigration Services)

USCIS is primarily funded by the fees that applicants pay, which means most of its operations continue even during a shutdown. That said, certain programs dependent on congressional appropriations may be suspended or delayed. These include:

• E-Verify
• The Conrad 30 J-1 waiver program for physicians
• Non-minister religious worker visas

The EB-5 Immigrant Investor Regional Center Program is not expected to be affected because it has funding secured through September 30, 2027 .

Department of State (DOS)

Visa and passport services are also fee-funded and typically remain open. However, if a consular post does not have enough fee revenue to sustain operations, only emergency cases (such as diplomatic visas or life-and-death matters) may be handled until normal funding resumes.

Customs and Border Protection (CBP)

CBP officers are considered essential, so ports of entry remain open. Travelers can still expect inspections and processing, but applications filed at the border may experience some slowdowns.

Immigration and Customs Enforcement (ICE) and EOIR (Immigration Courts)

• ICE enforcement and detention operations continue. Attorneys and families can generally still contact detained clients.
• Immigration courts with detained dockets remain active, but non-detained cases are usually postponed until after funding is restored. Updated hearing notices are issued once operations resume.

Department of Labor (DOL)

Here is where shutdowns have the most immediate impact. The DOL’s Office of Foreign Labor Certification stops processing Labor Condition Applications (LCAs) and PERM applications during a shutdown. This means that employers and foreign workers should file as early as possible before any budget deadline to avoid delays.

Why This Matters for Applicants

While a shutdown does not stop all immigration processes, it can create backlogs and delays in certain programs. For employers, this may impact hiring timelines for foreign workers. For families, it may mean rescheduled hearings or longer waits for case updates.

At Zhang-Louie PLLC, Attorney Zoe Zhang-Louie and our team monitor these developments closely. With years of experience handling both employment-based and family immigration, we help clients anticipate potential disruptions and plan accordingly. Our goal is to give you clarity and peace of mind, even in times of uncertainty.