We want to keep you informed about the developments of the current U.S. government shutdown and how it may impact immigration processes.

At this time, USCIS (U.S. Citizenship and Immigration Services) operations are continuing as normal, as are U.S. Consulates and Embassies worldwide. Therefore, interviews, petition reviews, and other steps are proceeding without interruption.

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Impacts on the Department of Labor (DOL)

Unlike USCIS, the Department of Labor (DOL) depends directly on federal funding and, therefore, is closed during the shutdown. This directly affects:

  • PERM (Program Electronic Review Management): the first mandatory step for companies that wish to sponsor a foreign national for an employment-based green card (EB-2 or EB-3).
    • During the shutdown, new applications cannot be submitted and pending cases are on hold.
  • FLAG System (Foreign Labor Application Gateway): the electronic system used by employers to file applications with the DOL, which is currently unavailable.
  • LCA (Labor Condition Application): a required document for filing an H-1B work visa.
    • The impact is only on pending or new LCAs. H-1B petitions already approved or currently pending with USCIS are not affected.
  • H-2B (Temporary Non-Agricultural Worker Visa): a temporary visa for non-agricultural workers.
    • The shutdown affects the issuance of temporary labor certifications with the DOL, which are required before moving forward with USCIS.
    • This may cause significant delays for employers preparing for the next round of H-2B visas in April 2026, a period when demand is typically very high.

Why is USCIS still operating?

USCIS is funded primarily through fees paid by applicants, rather than the federal budget.

U.S. Consulates and Embassies, which depend on public funding, continue to operate during short-term shutdowns, but may suspend services if the shutdown extends for a long period.

What to expect?

  • Short term: USCIS and Consulates continue operating normally; DOL is suspended, impacting only new or pending PERM applications, LCAs for H-1B, and H-2B certifications.
  • Long term (if lasting months): potential backlogs in PERM, H-1B, and H-2B processing, with the added risk of consular services being affected. However, this scenario is considered unlikely at this time.

Conclusion

In practice, it remains “business as usual” for cases before USCIS and Consulates, with impacts limited to the Department of Labor, specifically:

  • Employment-based green cards EB-2/EB-3 (PERM),
  • New or pending LCAs for H-1B,
  • Temporary labor certifications for H-2B – looking ahead to April 2026.

We will continue monitoring developments and will provide updates should anything change.


Written by Chris Costa, Senior Associate at Drummond Advisors