Possible Government Shutdown 2025

As you may have seen, there is unfortunately a possibility of a U.S. partial government shutdown beginning on October 1, 2025. If there is a government shutdown, all non-essential government functions would be closed, including most of the Department of Homeland Security and Department of Labor (DOL).

The biggest effect of a government shutdown on immigration-related services could be at the U.S. Department of State (DOS), which operates the Embassies and Consulates around the world and issues visas. Visa and passport operations are fee-funded and should not be affected by a lapse in appropriations, but operating status and funding will need to be monitored closely. If visa operations are affected, consular posts will generally only handle diplomatic visas and "life or death" emergencies. When the government shut down in 2013 and 1995, it did cause significant delays at Embassies and Consulates, which would likely be the case again.

Because the DOL is not funded by filing fees, the DOL would close until Congress passes a stopgap spending measure or Fiscal Year budget. This means that Labor Condition Applications (LCAs), Prevailing Wages and PERM processing will cease. Given the significant backlog in PERM processing at the DOL, time-sensitive green card applications may be negatively impacted depending the length of the shutdown. In addition, individuals seeking to file LCAs for H-1B, H-1B1, or E-3 applications should consider posting Notices of Filing and filing LCAs this week to ensure that certifications are received prior to any potential government shut down. 

So what would remain open? If the government does shut down, U.S. Citizenship and Immigration Services (CIS) should continue to operate, since it is mostly funded by filing fees. The exception to this is programs that operate on appropriated funds, including E-Verify, the EB-5 Immigrant Investor, Conrad 30 K-1 waivers and non-minister religious workers. In addition, U.S. Customs and Border Protection (CBP) would also continue to operate, as it is considered "essential," but staffing at the borders may be reduced. Therefore, petitions should continue to be processed and individuals can still enter the country, but there may be delays.

We are hopeful that the U.S. government will reach a budget agreement soon. However, as we are monitoring the developments, we wanted to forewarn you of the possibility of a government shutdown and its effect on visa petitions.

Grzeca Law Group will continue to monitor this situation closely and send any updates as necessary. Please note that this update is not intended to be, nor does it constitute, legal advice. Therefore, please contact our office if you have any questions.