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Immigration Law Blog

What Happens When the Government Shuts Down?

Posted by Jacqueline Delgado | Nov 12, 2025

The federal government is currently operating under a shutdown, which began on October 1, 2025. A shutdown occurs when Congress fails to pass a budget, leading to the suspension of some non-essential government operations.

For our clients, the most critical question is: What happens to my visa, green card, or court case? The good news is that many essential immigration services are continuing, and some systems that were previously down have now resumed operation. We are closely monitoring the situation to guide you through this uncertainty.

Status of Key Agencies (As of November 2025)

Many immigration-related agencies continue operating because their work is deemed "essential" or is funded by user fees rather than congressional appropriations.

USCIS (U.S. Citizenship and Immigration Services)
  • Status: USCIS remains open for most operations. The agency is primarily fee-funded and does not rely on Congress for its funding.

  • Impact: Most filings and adjudications, including interviews and naturalization ceremonies, are expected to continue. However, the few programs that are funded by Congress may be impacted.

  • E-Verify: The E-Verify system, used by employers to verify employment eligibility, was temporarily unavailable but is now back online.

EOIR (Immigration Court)
  • Status: Immigration court cases are continuing during this shutdown.

  • Important Note: Court cases for both detained individuals (the “detained docket”) and non-detained individuals (“non-detained docket”) will proceed. You must plan to attend any scheduled court hearing.

DOL (Department of Labor) – Operations Restored
  • Status: The DOL's Office of Foreign Labor Certification (OFLC) initially stopped all operations. However, OFLC has since resumed processing prevailing wage requests and labor certification determinations as of October 31, 2025.

  • Impact: The Foreign Labor Gateway Application (FLAG) is now accessible again, enabling the preparation and submission of new cases.

DOS, CBP, and ICE (Essential Services)
  • Department of State (DOS): Visa and passport operations remain open. Depending on the shutdown's length, work might become limited to diplomatic visas and life-or-death emergencies.

  • CBP (Customs and Border Protection): Ports of entry will remain open. However, applications that are filed at the border may be impacted.

  • ICE (Immigration and Customs Enforcement): Enforcement and removal operations will continue. The ICE Student and Exchange Visitor Program (SEVP) offices will remain open.

Important Note:The DHS Office of the CIS Ombudsman will stop all operations during a government shutdown. Additionally, some congressional offices that provide constituent services may be closed.

About the Author

Jacqueline Delgado
Jacqueline Delgado

Jacqueline Delgado is the Founder and Managing Partner at Delgado Law Group, focusing in the area of Immigration Law. Ms. Delgado has vast experience representing businesses and investors in their applications for EB-5 green cards, E-2, H-1B, L-1, O, and P visas. Further, she ha...

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