Government Shutdown Begins
As of October 1, 2025, a partial federal government shutdown has begun, creating immediate disruptions across key immigration-related agencies. Some services continue, particularly those funded by fees, while others, including labor certifications and certain court functions, are stalled or operating under limited capacity.

The U.S. government entered this partial shutdown after Congress failed to pass a funding bill. Hundreds of thousands of federal workers are furloughed, and many non-essential services are suspended. Immigration, particularly employment-based processing, is significantly affected.

Immigration Courts and EOIR
Immigration courts are operating under contingency plans. Hearings for detained individuals are still proceeding, while non-detained cases continue but face delays and limited staffing. Courts currently have funding through October 17, after which further disruptions are possible. This contrasts with past shutdowns when non-detained hearings were typically paused.

USCIS and Visa Processing
Most USCIS services continue since the agency is funded by application fees, including case adjudications, biometrics, and filing processing. Some programs that rely on federal appropriations are paused. E-Verify is suspended, the Conrad 30 waiver program for J-1 physicians is on hold, and certain religious worker programs may lapse without Congressional action. Consular services abroad may also be limited depending on fee revenues.

Department of Labor Impact
The Department of Labor’s Office of Foreign Labor Certification is shut down. This has halted labor condition applications, prevailing wage determinations, and PERM certifications. These functions affect H-1B filings, green card sponsorships under EB-2 and EB-3, and other employment-based petitions requiring DOL approval. All are frozen until funding resumes.

Immigration Enforcement Continues
Immigration enforcement agencies such as ICE and CBP continue operating essential functions. ICE is still processing detainees, border inspections remain active, and a new detention facility in Indiana began operations this week, reflecting no slowdown in enforcement or removals.

DACA May Reopen Applications
The federal government is preparing to reopen initial DACA applications nationwide. Legal challenges, especially in Texas, may prevent work permit issuance for new applicants there. The reopening depends on court rulings and further agency guidance.

What This Means for Applicants and Employers
Applicants and employers should expect delays or filing freezes for cases that depend on Department of Labor approvals such as H-1B or PERM. Most USCIS applications are still processing, but services like E-Verify remain suspended. Detained immigration court hearings are moving forward, while non-detained cases may face delays.

Now is an important time to discuss alternative strategies, particularly if your case relies on labor certifications. For executive, investor, or extraordinary ability filings such as EB-1, L-1, or NIW, disruptions may be less severe when legal planning is in place.

Consult with an Attorney
Every case is different, and immigration agencies review applications based on individual facts. If you would like tailored guidance on your situation, we invite you to schedule a consultation with our office.