Impact of Government Shutdown on Immigration Services
As of October 1, 2025, the federal government has officially shut down due to a lack of funding approval by Congress. The following is an overview of how immigration-related agencies are operating during the shutdown.
1. Most Recent Agency Updates/Guidance:
- Department of Homeland Security (DHS): Most of DHS’s work is considered essential, so DHS will remain open.
- US Citizenship and Immigration Services (USCIS): USCIS will remain open as it does not rely on Congress for its funding. The few programs that are funded by Congress may be impacted by a government shutdown. Notably, E-Verify will not be available for employers to verify employment eligibility.
- Department of State (DOS): Visa and passport operations will remain open. However, depending on how long the shutdown lasts, operations might become limited to diplomatic visas and life-or-death emergencies.
- Customs and Border Protection (CBP): Ports of entry will remain open. However, applications that are filed at the border may be impacted.
- Immigration and Customs Enforcement (ICE): ICE enforcement and removal operations will continue. The ICE Student and Exchange Visitor Program (SEVP) offices will remain open.
- Department of Labor (DOL): DOL’s Office of Foreign Labor Certification (OFLC) will stop all operations during a government shutdown. Access to the Foreign Labor Gateway Application (FLAG) is turned off and new cases cannot be filed and information cannot be accessed.
- Congressional Constituent Services: Some congressional offices may be closed during a government shutdown. Please contact the individual office for more information.
2. Key Considerations:
- Embassies and Consulates Remain Open: US embassies and consulates abroad will remain operational for national security reasons, even as other DOS functions are suspended.
- Fee-Based Operations: Because visa operations are funded through fees rather than appropriations, services will remain available as long as sufficient fee balances exist. Localized disruptions could occur if staffing or facilities are affected by broader shutdown restrictions.
- Appointments Should Proceed: Foreign nationals with immigrant or nonimmigrant visa appointments should plan to attend as scheduled.
- Be Prepared for Delays: While services continue, shutdown-related restrictions may limit responsiveness to non-urgent matters and could contribute to slower case processing.
- Processing “as the Situation Permits”: DOS guidance emphasizes that visa processing will continue “as the situation permits.” This signals that while operations remain open, foreign nationals should anticipate the possibility of delays or resource constraints.
We are closely monitoring the situation and will provide updates as needed.
Please feel free to contact the authors of this Client Alert or your Butzel attorney for more information.
Clara DeMatteis Mager
313.225.7077
mager@butzel.com
Amany Kasham
313.983.6916
kasham@butzel.com
Linda Armstrong
313.983.7476
armstrong@butzel.com
Reginald Pacis
313.983.6929
pacis@butzel.com
Bushra Malik
248.258.4470
malik@butzel.com
Yasmeen Farran
313.225.5303
farran@butzel.com
Krista Hurst
313.225.5353
hurst@butzel.com
Christopher Ammori
313.983.7431
ammori@butzel.com
