How the Government Shutdown Impacts Employment-Based Immigration 

Written By Iandoli Desai & Cronin

Under a federal government shutdown, only essential and fee-based governmental functions will continue to operate. The current shutdown impacts immigration compliance and case processing in the following ways:  

  • The Department of Labor will remain operational for the purposes of PERM and H-1B cases. During previous shutdowns, the DOL’s Foreign Labor Application Gateway (FLAG) was suspended; however, the DOL has confirmed with the American Immigration Lawyers Association (AILA) that FLAG will remain open during this shutdown. 

  • USCIS will continue to process and adjudicate almost all cases since it is a fee-based agency and does not rely on congressional funding. However, adjudications under the Conrad 30 program could become suspended.  

  • SEVP offices will remain open.  

  • American embassies and consulates will initially continue to process visas and passports since they are primarily fee-funded. However, embassy and consulate functions might become limited to diplomatic visas and life-or-death emergencies if the government shutdown becomes prolonged.  

  • E-Verify is operational during the current shutdown. 

Iandoli Desai & Cronin
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