US Government Shutdown Creates New Havoc In Immigration And Travel Systems, Causing Unprecedented Delays And Chaos For Millions

Published on October 2, 2025

The US government shutdown is significantly impacting immigration and travel processes due to the suspension of key services, such as those within the Department of Labor. With critical agencies like the Office of Foreign Labor Certification halting operations, the filing of essential documents like Labor Condition Applications (LCAs) and PERM applications has come to a standstill. While some agencies, like USCIS and the Department of State, continue functioning, the shutdown has created delays and uncertainty, particularly for those relying on immigration procedures tied to government funding.

The commencement of a U.S. government shutdown has introduced significant uncertainty, particularly in the realm of immigration processes. While certain agencies, such as USCIS and most visa and passport services within the Department of State, continue to operate, other key services, notably those within the Department of Labor (DOL), have been halted. This disruption, particularly the suspension of the Office of Foreign Labor Certification (OFLC), is causing considerable delays in essential immigration procedures, including the filing of Labor Condition Applications (LCAs) and PERM applications, both of which are crucial for H-1B and green card petitions.

The government shutdown began with no clear end in sight, leaving immigration stakeholders uncertain about how long the impasse will last. On September 30, an official memorandum issued by the White House outlined the operational impact of the shutdown, instructing affected agencies to implement their contingency plans for an orderly closure. While the shutdown’s duration remains unclear, the memo advised that government employees continue to report to work as scheduled to manage the shutdown activities. Only once a new budget is approved and signed by the President will the shutdown end, and operations will resume.

In light of this, immigration attorneys and organizations such as the American Immigration Lawyers Association (AILA) have provided guidance on how the shutdown will affect immigration processes and which federal agencies will be most impacted. AILA’s assessment, informed by consultations with immigration professionals, highlights the varying degrees of disruption across different government bodies.

Department of State (DOS):
Visa and passport services, crucial for immigration processing, will remain open throughout the shutdown. However, the length of the shutdown may limit the scope of services. As the shutdown drags on, the Department may prioritize certain visa categories, especially diplomatic visas and those for life-or-death emergencies. While the ports of entry will remain operational, applications filed at the border could experience delays or complications. The ongoing situation means that any routine visa services could be severely limited, and applicants may need to wait longer for processing.

U.S. Citizenship and Immigration Services (USCIS):
USCIS operates with funds derived from the fees it collects, rather than from Congressional appropriations. Therefore, many of its core services will continue despite the government shutdown. This includes the processing of visa petitions, biometric appointments, interviews, and premium processing services. However, certain programs, particularly those reliant on Congressional funding, may experience delays or be suspended. For instance, E-Verify, an online system used to verify employee work eligibility, is funded through government appropriations and may not be operational during the shutdown. Employers will need to resort to alternative remote procedures for verifying work authorization until E-Verify is restored.

Additionally, although USCIS will process petitions for H-1B visas and green cards, any applications that require action from the Department of Labor, such as obtaining approved LCAs or prevailing wage determinations, will be delayed until the shutdown concludes. This is a significant bottleneck in the immigration process.

Department of Labor (DOL):
One of the most impacted agencies during a government shutdown is the Department of Labor. The OFLC, which is responsible for processing LCAs and PERM applications, will suspend all operations. This means employers cannot submit new H-1B petitions that require an LCA, nor can they initiate the PERM process for green card sponsorship, as these processes depend on DOL approvals. Furthermore, requests for prevailing wage determinations, which are necessary for the PERM process, will also be halted.

As a result, many parts of the immigration process that require DOL action will be stuck in limbo. The FLAG (Foreign Labor Application Gateway) online portal, through which employers submit applications, will go offline, preventing any new filings for LCAs, PERM applications, or prevailing-wage requests. Until the government reopens and the DOL resumes operations, these applications will remain pending, significantly delaying H-1B and green card processing timelines.

Immigration and Customs Enforcement (ICE):
Unlike other agencies, ICE’s enforcement and removal operations will continue as usual. This includes handling cases involving detained individuals and ensuring ongoing operations within the Student and Exchange Visitor Program (SEVP). SEVP, which oversees international students and their visa statuses, will remain functional during the shutdown. This means that while immigration enforcement may continue uninterrupted, other parts of the immigration process, such as visa issuance and work authorization approvals, will be severely hampered.

Impact on Immigration Timelines:
The shutdown’s consequences for immigration processes are substantial. As agencies like the Department of Labor cease operations, the ability to file essential documents, such as LCAs for H-1B petitions or requests for prevailing wages, will be delayed indefinitely. This disruption, coupled with the uncertainty surrounding the shutdown’s duration, means that applicants seeking H-1B visas or green cards could face significant setbacks. Although USCIS can process some petitions independently, the reliance on DOL actions for key parts of these applications means that progress will be stalled until normal government operations resume.

Moreover, the shutdown places additional strain on immigration attorneys and employers, who must navigate these delays and advise clients accordingly. With fewer agencies functioning at full capacity, many individuals and businesses seeking immigration-related services must prepare for extended processing times, potentially causing disruptions in their personal or professional plans.

While certain aspects of the immigration process may continue during the U.S. government shutdown, critical elements such as the filing of LCAs and PERM applications are now at a standstill. The shutdown’s unpredictability adds a layer of uncertainty to immigration timelines, and applicants are left in a state of limbo until government operations return to normal. Until that happens, the best course of action for many businesses and individuals is to stay informed about changes and anticipate possible delays in their immigration-related processes.