How the 2025 Government Shutdown Is Affecting Immigration Cases

The U.S. federal government officially shut down on October 1, 2025, after Congress failed to pass a funding bill. As the shutdown continues, immigrants and their families are beginning to feel the effects across different agencies.

While some parts of the immigration system remain open, others have slowed or stopped entirely. Understanding how each agency is funded will help you know what to expect and how to plan for the weeks ahead.

How a Shutdown Works

When Congress cannot agree on a budget, it cuts off funding for most federal agencies. Each agency must then decide which activities are “essential” and which are not. Essential operations continue, while nonessential ones pause until funding is restored.

Immigration is affected differently because some agencies are supported by application fees, while others rely on congressional appropriations. This difference explains why some immigration services continue during the shutdown and others are suspended.

USCIS: Open but Expect Delays

USCIS (U.S. Citizenship and Immigration Services) remains open because it is largely funded by filing fees. That means cases such as adjustment of status, naturalization, and work authorization are still being processed.

However, some programs that depend on congressional funding are not operating.

• E-Verify, the system employers use to confirm work eligibility, is currently offline.

  
  

• Programs such as Conrad 30, EB-5 Regional Center, and Special Immigrant Religious Worker have paused until their authorization is renewed.

  
  

• Customer service may be slower, and certain case reviews could take longer if other agencies involved are closed.

Although USCIS continues accepting and processing most applications, delays are expected. Applicants should monitor updates closely and keep records of all filings.

Department of Labor (DOL): Most Immigration Functions Paused

The Department of Labor has been hit hardest by the shutdown because it relies on direct congressional funding. As a result, the Foreign Labor Application Gateway (FLAG) system is offline, and the agency cannot process:

• Labor Condition Applications (LCAs) for H-1B, H-1B1, and E-3 visas

  
  

• PERM labor certifications for employment-based green cards

  
  

• Prevailing wage determinations

  
  

Without DOL certification, employers cannot file new H-1B or PERM-based petitions. Pending reviews are also paused until the government reopens. This means many employment-based immigration cases are temporarily on hold.

If you or your employer were preparing to file a case that requires DOL approval, speak with an immigration attorney. Legal counsel can help you preserve eligibility and plan around expected delays.

Department of State: Visa Processing Abroad

U.S. consulates and embassies abroad are continuing to process some visa applications because these services are funded by visa fees. However, the longer the shutdown continues, the more limited consular operations become.

Routine visa appointments are still taking place in many locations, but some embassies have already started reducing services due to staffing shortages. Emergency and humanitarian cases are being prioritized.

If you have an upcoming visa interview, check your embassy’s official website regularly for schedule changes or cancellations.

CBP and ICE: Enforcement Continues

Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) are considered essential agencies. Both remain fully operational. Travelers will continue to be inspected at ports of entry, and immigration enforcement, detention, and removal operations are ongoing.

However, some administrative or non-urgent work may move more slowly. CBP filings for certain categories, such as L-1 or TN applications at the border, may experience processing delays.

It is important to remember that immigration laws continue to apply even during a shutdown. Noncitizens must maintain lawful status and comply with all visa requirements.

Immigration Courts (EOIR): Limited Operations

Immigration courts are part of the Department of Justice and rely on congressional funding. During the current shutdown:

• Detained cases are still being heard.

  
  

• Non-detained cases may continue in some courts, but many are being rescheduled due to limited staffing.

  
  

• The Board of Immigration Appeals (BIA) is focusing on emergency matters and detained-case appeals, while other appeals are delayed.

  
  

Court backlogs are expected to grow once full operations resume. Anyone with a scheduled hearing should check the EOIR hotline or contact their attorney to confirm the status of their case.

What You Can Do Now

• Stay informed. Follow updates from USCIS, DOL, and the Department of State.

  
  

• Keep documentation. Save proof of filing, mailing receipts, and any correspondence that shows you acted on time.

  
  

• Monitor your case. Check online portals and official channels for schedule changes.

  
  

• Be prepared for delays. Once funding is restored, backlogs are expected across multiple agencies.

  
  

• Consult your attorney. Legal guidance is critical, especially for employment-based or court cases affected by closures.

Conclusion

The ongoing 2025 government shutdown has created a mixed picture for immigration processing. USCIS remains open thanks to its fee-funded structure, but the Department of Labor and many immigration courts have paused or reduced operations.

If you have a pending case or plan to file soon, preparation and communication are key. Stay informed, keep your records organized, and seek professional legal advice to protect your immigration status and avoid unnecessary delays.

For help understanding how the shutdown may affect your case, contact Tran Flores Law at (512) 894-9984 to schedule a consultation.