U.S. Government Shutdown

A US government shutdown started on October 1, 2025. Here's what it means from an immigration standpoint.

Most USCIS services continue operating normally since they're funded by application fees, not congressional appropriations. 

So green card applications, citizenship cases, and most visa petitions will proceed without interruption - though there could be some delays.

But there's a significant exception: any immigration process requiring Department of Labor approval is now frozen.

This creates an immediate crisis for companies hiring H-1B workers. 

These employers must obtain a Labor Condition Application (LCA) certification from the Department of Labor before filing an H-1B petition. 

With the shutdown, LCAs can't be submitted or processed.

This particularly affects H-1B transfers, where foreign nationals could normally start working for a new employer as soon as the petition is filed with USCIS - but we can't file that petition without an approved LCA.

I'm currently exploring potential solutions for clients who submitted LCAs before the shutdown: for example, seeing if employees can perform work requested by a related entity while remaining on their current company’s payroll until new LCAs can be filed after the shutdown ends.

For businesses with urgent hiring needs or case deadlines with the Department of Labor, this situation requires immediate strategic planning. 

The last government shutdown in 2018 lasted 35 days - if this follows a similar timeline, companies may need to adapt.

For foreign nationals and employers navigating these compounding challenges, having experienced counsel is more valuable than ever.

The good news is that most other immigration processes will continue normally. 

USCIS is fee-funded and remains operational for most services.