U.S. Citizenship and Immigration Services (USCIS)

USCIS, which is primarily fee-funded, continues to operate throughout the shutdown. Most petition and application processing — including adjustment of status, naturalization, DACA, and TPS renewals — remains ongoing.

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However, applicants and petitioners should expect longer processing times and potential delays in customer service due to reduced staffing and the suspension of certain ancillary services. Field office appointments or interviews may also face rescheduling if local resources are limited.

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Department of Labor (DOL)

The Department of Labor’s Office of Foreign Labor Certification (OFLC), which oversees critical components of employment-based immigration, has been effectively closed since the start of the shutdown.

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As a result, the DOL is not accepting or processing:

• Labor Condition Applications (LCAs) required for H-1B, H-1B1, and E-3 petitions;
• Prevailing Wage Determinations used to establish salary requirements; or
• Applications for Permanent Employment Certification (PERM), the foundation of many employment-based green card processes.

Because these systems are offline, employers and foreign nationals may experience significant delays in the preparation and filing of employment-based immigration petitions. These backlogs are likely to persist even after normal operations resume.

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Department of State (Consular and Visa Services)

The U.S. Department of State has indicated that visa issuance and other consular operations remain operational for the time being, as many are funded by application fees rather than congressional appropriations.

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Nevertheless, if the shutdown continues for an extended period, consular staffing and processing capacity could be reduced once existing funds are depleted. Applicants are strongly encouraged to monitor the website of the U.S. Embassy or Consulate where they plan to apply for the latest updates regarding appointment availability and visa processing times.

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Employers should also prepare for longer interview scheduling times and potential service interruptions abroad if the situation persists.

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E-Verify System

The federal E-Verify system, used by U.S. employers to confirm the employment eligibility of new hires, has been temporarily suspended during the shutdown.

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This means that:

• Employers cannot initiate new cases or resolve existing ones;
• Employees are unable to address tentative nonconfirmations (TNCs); and
• Customer support and case management functions are unavailable.

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Despite the system being offline, Form I-9 completion requirements remain in effect. Employers must continue to complete Form I-9s for all new hires and are expected to submit E-Verify cases retroactively once the system is restored.

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Looking Ahead

If the shutdown continues, the immigration landscape may face growing backlogs and administrative challenges, particularly for employment-based petitions that rely on Department of Labor certifications. Agencies that remain open on fee revenue may continue operations, but slower response times and reduced support are likely.

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Individuals and employers should:

• Monitor official agency websites for updates;
• Maintain detailed records of any missed deadlines or delays caused by the shutdown; and
• Consult qualified immigration counsel to determine appropriate contingency steps once operations resume.

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Contact and Disclaimer

Should you have any questions regarding the above information, or require assistance with your immigration or global mobility matters, please don’t hesitate to contact our legal team at Hudson McKenzie. You can reach us by email at londoninfo@hudsonmckenzie.com or by telephone at +44 (0) 20 3318 5794.

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For office locations, please visit our Our Offices page.

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The information provided in this blog is for general guidance only and does not constitute legal advice.