Government Shutdown: How it Could Affect Your Immigration Case

The US government is facing an impending shutdown at midnight on Wednesday, October 1, 2025. However, even in a “shutdown”, not all immigration processes will halt immediately.

Immigration cases proceed through several different government agencies. A shutdown will affect certain agencies (and thus their processes) differently than others. 

What will Halt as of an October 1 Shutdown?

DOL

Most significant to employment-based immigration cases, the Department of Labor (DOL) will not operate during a government shutdown.

Labor Condition Applications (LCAs), required for H-1B and E-3 filings, and Permanent Labor Certifications (PERMs), required for I-140 filings, cannot be drafted or filed during a government shutdown, and pending LCAs and PERMs will not be issued during a shutdown.

Further, the full FLAG online filing system will be disabled during a government shutdown. LCA and PERM records cannot be accessed online or printed from the FLAG system during a shutdown.

Finally, DOL may allow flexibility for employers who miss filing deadlines due to the government shutdown; if such guidance is issued, MU will update its blog accordingly.

What May Proceed after an October 1 Shutdown?

USCIS

Cases that will be filed with or are currently pending with US Citizenship and Immigration Services (USCIS) will continue to be accepted and processed during a shutdown. In past shutdowns, USCIS has accepted late immigration filings that could not be timely-filed due to the government shutdown.

DOS

Embassy services, such as visa appointments, are run by the Department of State and are also unlikely to be affected during a shutdown.

CBP

Entries to the US, including Canadian TN appointments, are handled by Customs and Border Protection and are also unlikely to be affected by a shutdown.

Clients with questions or concerns are encouraged to contact their MU attorney for best strategies during the potential government shutdown.