Navigating the Maze: How a U.S. Government Shutdown Impacts Your Immigration Status, Visa Processing, and USCIS Applications
The First Shutdown Experience
The first time I faced a government shutdown while handling immigration cases, I remember the silence. It was a brief, eerie quiet that filled my inbox right before the chaos began. Then, like clockwork, the panic messages poured in—"Is my visa canceled?" "Do I have to leave the country?" "What happens to my green card case now?"
It’s not just noise. It’s genuine, visceral fear.
And I’ve felt it too. I've felt it both as someone who works closely with applicants and as a person who has seen how fragile "stability" can feel when your status depends on forces completely out of your control.
Headlines make shutdowns sound like a single event, a binary on/off switch. But they’re more like a slow-motion chain reaction. The truth is, the U.S. government doesn’t have one big red button that turns everything off. It’s more like a complex maze of lights in a skyscraper—some floors stay on, some flicker, and some go completely dark.
Over the years, I’ve learned one essential truth: surviving a shutdown isn’t about luck; it’s about knowing how the system actually works. It's about understanding the business of immigration.
So instead of panicking, let’s dismantle that panic. Let’s break down what really happens, which parts of immigration slow down, and what you can—and must—still control.
The Core Concept: Why Immigration Is (and Isn't) Halted
One of the biggest misconceptions I’ve seen—even among well-informed applicants—is the idea that every federal agency shuts its doors at midnight. That’s not true, and this distinction is the most important fact you need to know.
During my early years handling immigration cases, I once had a client with a pending green card who was convinced his case was "frozen" indefinitely. In reality, his case continued smoothly because it was under a fee-funded agency. Understanding that single distinction made all the difference.
In simple terms, every immigration agency falls into one of two categories:
Fee-Funded (Bucket #1): They run on your filing fees. They stay open.
Congress-Funded (Bucket #2): They rely on a federal budget. They stop or are crippled.
Let’s walk through both.
Bucket #1: The "Open for Business" Agencies (Fee-Funded)
This is the most critical good news, so I'll lead with it. Some federal agencies are self-funded. They operate almost entirely on the fees you pay them to process your applications.
The Primary Agency: U.S. Citizenship and Immigration Services (USCIS)
This is the agency that handles almost all applications inside the United States. That means forms like:
Form I-485 (Green Card Adjustment of Status)
Form I-765 (Work Permit / EAD)
Form I-131 (Travel Document / Advance Parole)
Form N-400 (Application for Naturalization / Citizenship)
Form I-130 (Petition for Alien Relative)
Form I-539 (Extension or Change of Status)
These don’t stop. I’ve seen this firsthand. Even during the long 2018-2019 shutdown, USCIS service centers kept processing cases, accepting applications, and cashing checks.
What You MUST Assume:
Interviews & Biometrics: Assume your appointment is STILL HAPPENING. Don’t skip it unless you have received a direct, personal cancellation notice. In past shutdowns, I’ve seen well-meaning applicants miss their interviews because they "assumed" everything was canceled. It wasn’t, and their case was denied for "failure to appear."
The "Go-Slow" Effect: While USCIS is open, it doesn't exist in a vacuum. It relies on support from other agencies that are shut down (like background check verifications from other departments). So, while your case isn't dead, I've seen it get "sluggish." A case that should have taken three weeks might take six. But it is moving.
The One Big Exception: E-Verify This is a critical detail for employers. The E-Verify system, which companies use to confirm the employment eligibility of new hires, is run by USCIS but is funded by Congress. This means E-Verify shuts down completely. This creates a massive compliance headache for HR, which we'll address in the scenarios below.
Bucket #2: The "Closed" or "Crippled" Agencies (Congress-Funded)
Now for the difficult part—the agencies that depend on Congress for funding. When that funding lapses, their "non-essential" functions stop.
1. Department of State (DOS) — U.S. Embassies & Consulates
This one hurts the most for applicants outside the U.S. Visa interviews, consular processing, and document verifications can all freeze.
Short shutdowns might not cause major delays, but prolonged ones definitely will.
I remember a brilliant student visa applicant in Seoul whose F-1 interview got canceled just days before her flight to the U.S. She had paid, scheduled, and planned everything. But once the consular staff were furloughed, her appointment disappeared into thin air. She had to defer her admission by a full semester.
Embassies keep a skeleton crew for "life-or-death" emergencies involving U.S. citizens abroad (like a lost passport), but regular visa work—especially for tourists (B-1/B-2) and students (F-1)—takes a back seat.
2. Department of Labor (DOL)
In my opinion, this is the most damaging and overlooked part of a shutdown. Everyone worries about USCIS, but they forget the DOL is the gatekeeper for most employment-based immigration.
When the DOL shuts down, everything tied to it stops completely.
PERM (Labor Certification): This is the first step for most employment-based green cards. The DOL's PERM processing system shuts down.
LCA (Labor Condition Application): This is required for all H-1B visas. The DOL's FLAG system, where these are filed, goes dark.
No exceptions. No backups. Just silence.
I’ve seen companies lose critical employees because their LCA couldn't be filed in time. Even though USCIS was open and ready to accept the H-1B petition, the DOL bottleneck stopped everything before it even began. It’s a strange kind of paralysis—one agency waiting on another, and no one able to move forward.
3. Immigration Courts (EOIR)
Here, the word “delay” doesn’t even begin to describe the problem. The Executive Office for Immigration Review (EOIR) is funded by Congress.
During shutdowns, all hearings for non-detained immigrants are postponed. And “postponed” in immigration court doesn’t mean next week—it can mean two or three years later.
I once represented a client whose asylum case had already been pending for over four years. The shutdown pushed his final hearing another two years into the future. When we finally appeared in court, he had aged seven years waiting for a decision that should’ve taken one. (Note: Detained cases do continue, as it's considered an "essential" function).
4. CBP & ICE
Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) are “essential” law enforcement agencies. They remain active.
Your travel, inspection, and enforcement processes will continue. The border doesn’t close, and agents will be at their posts. Your entry into the U.S. (if you have a valid visa) will be processed, though delays at airports or ports of entry can increase slightly.
What This Means for You — A Practical Breakdown
Let's move from theory to reality. Here's a breakdown of what you should be thinking about based on your specific situation.
If You’re Inside the U.S. (Primarily USCIS)
Green Card (I-485), Work Permit (I-765), and Travel Permit (I-131):
Verdict: Mostly safe. Continue as usual.
My Advice: You might experience slower response times, but these applications are processed by USCIS—a fee-funded agency. File as you normally would. If you are eligible for a renewal, do not wait.
Citizenship (N-400):
Verdict: Safe. Keep your appointment.
My Advice: Don’t assume cancellation unless you receive written notice. I once had a client lose their spot in the oath ceremony queue because they relied on a rumor. The agency didn't reschedule; they had to start the queue all over.
DACA & TPS Renewals:
Verdict: Safe. Continue filing as normal.
My Advice: These are politically sensitive programs but are fee-funded on the processing side. Don’t let media noise delay your renewal.
If You’re Outside the U.S. (Consular Processing)
Visa Interviews (F-1, B-1/B-2, H-1B, Immigrant Visas):
Verdict: This is the high-danger zone.
My Advice: Always check your specific embassy’s official website (e.g., "U.S. Embassy in London") for real-time updates. During one shutdown, I saw embassies in Asia post cancellation notices only 24 hours before scheduled interviews. If your interview is canceled, you won’t receive a refund—only instructions to rebook later. Be ready for long rescheduling timelines.
If You’re a U.S. Employer
H-1B, E-3, and PERM Filings:
Verdict: High risk. The DOL shutdown has the worst impact on employers.
My Advice: H-1B extensions and new hires can stall if LCAs or PERMs can’t be certified. I advise companies to plan filings months in advance—ideally six months before deadlines—precisely because shutdowns happen unpredictably. Immigration compliance isn’t something to handle at the last minute anymore.
E-Verify & Form I-9:
Verdict: System is down. Compliance is tricky.
My Advice: You must still complete the Form I-9 for new hires within three business days. Since the E-Verify system is down, you must print the official E-Verify shutdown notice, attach it to the employee's I-9, and set a reminder to run the E-Verify case as soon as the system is back online. Forgetting this last step is a major violation.
Common Scenarios & Expert-Level Answers
Scenario 1: "My status expires during the shutdown! What do I do?"
File early. Always. The answer is a legal concept called the "Timely Filing" Doctrine.
This is your single most important lifeline. For most applications to extend or change your status (like an I-539 or I-129), if USCIS physically receives your application before your current I-94 status expires, you are generally considered to be in a "period of authorized stay" while they adjudicate it.
The receipt is everything. It doesn't matter if an officer looks at it. It matters that the mailroom logged it in.
Your Action Plan: File online if possible (the digital timestamp is your golden ticket). If you must file by paper, use a trackable courier (like FedEx) that gives you a delivery confirmation. That slip is your proof.
Scenario 2: "I'm on an H-1B and my LCA is stuck at the DOL. My 240-day extension rule is at risk."
This is a nightmare scenario, and you are right to be concerned. This is a complex and deeply dangerous situation.
The "240-day rule" allows an H-1B worker to continue working for up to 240 days after their I-94 expires, as long as an extension petition (I-129) was timely filed.
The Trap: You can't file the I-129 with USCIS without a certified LCA. But the DOL is closed and cannot certify your LCA.
The Result: You cannot timely file. The 240-day rule may not apply.
My Advice: This is where you must speak to your attorney immediately. You may need to stop working on your I-94 expiration date to avoid accruing unlawful employment. In a worst-case scenario, you may need to leave the U.S. and return once the LCA and I-129 are processed. This is the "silent bottleneck" I warned about, and it's devastating.
Scenario 3: "My F-1 OPT or STEM OPT EAD (I-765) is pending. Will it be delayed?"
No need to panic. These are fee-funded applications (Bucket #1) processed by USCIS, so processing continues. You might experience a slight "go-slow" delay in receiving the physical card, but the adjudication itself should proceed.
The Ripple Effects Nobody Talks About
Even after the government “reopens,” the damage doesn’t magically disappear.
The backlog builds like an avalanche. Each furloughed officer at the Department of Labor returns to a mountain of unprocessed PERM cases. Processing times that were already slow can double overnight.
But the bigger issue, in my view, is the message it sends.
Each shutdown tells skilled immigrants and global talent that the U.S. immigration system is unpredictable—that their futures hinge on political gridlock. I’ve personally seen brilliant researchers and engineers give up. They get tired of the delays and the uncertainty, and they take their talents to countries like Canada or Australia, where immigration is stable and transparent. That’s not just a personal loss—it’s a national one.
The Human Side We Often Forget
Behind every form, acronym, and filing fee, there’s a story.
It’s the spouse waiting for a work permit so they can help support their family. It’s the student who misses their first semester after years of preparation. It’s the employer who loses a key team member because of a paper jam in Washington.
I’ve seen tears in my office, not because of a rejection—but because of waiting.
That’s why I always remind people: knowledge isn’t just power in immigration—it’s peace of mind. When you understand how the system reacts, you stop feeling like a victim of the news cycle.
My Proactive Shutdown Survival Kit
Here is the exact checklist I give to my clients the moment we hear the word "shutdown."
Audit Your Dates. Now. Go to the official CBP I-94 website and retrieve your current I-94. Look at your "Admit Until" date. This date is your only deadline. It is more important than the date on your visa stamp.
Create a Digital "Go-Bag" Assume websites will go down. Right now, scan and save a PDF copy of everything: your passport, visa, I-94, EAD card, and all I-797 Approval Notices. Have a complete copy on a personal device and in a cloud drive.
Monitor Official Sources Only Bookmark the official
.govsites. Ignore forums, rumors, and social media panic.USCIS "Shutdown" page (they will create one).
The specific U.S. Embassy/Consulate website for your city.
The Department of Labor's homepage.
File Early (If You Can) If your status expires in the next 6-8 months and you are eligible to file an extension, do it now. The extra filing fee you pay months in advance is the cheapest insurance you will ever buy.
Consult a Professional This is not the time for "do-it-yourself" lawyering. The nuances are too complex. Invest in clarity.
In the end, a shutdown doesn’t end your immigration journey—it just changes the terrain. If you know which doors remain open and how to walk through them, you’ll make it through the maze.
And maybe, just maybe, you’ll come out on the other side not just more informed, but a little stronger—because you learned how to stay calm when the system didn’t.
Disclaimer
The information provided in this article is for informational purposes only and does not constitute legal advice. Immigration laws and policies are complex and change frequently. The content of this article is not intended to be a substitute for professional legal advice. Always seek the advice of a qualified immigration attorney with any questions you may have regarding your specific situation. Reliance on any information provided in this article is solely at your own risk. The author and this website are not responsible for any errors or omissions, or for any outcomes related to the use of this information.
Frequently Asked Questions (FAQ)
Q1: Will my local USCIS "Application Support Center" (ASC) be open for my biometrics appointment? Yes. ASCs are part of USCIS, which is fee-funded. You should attend your biometrics appointment as scheduled unless you receive a specific, personal cancellation notice.
Q2: E-Verify is down. What do I tell my new hires and how do I complete the Form I-9? You must still complete the Form I-9 within three business days of the hire. For Section 2, examine the employee's documents as you normally would. You will be unable to complete the E-Verify step. You should print the official E-Verify shutdown notice and attach it to the employee's I-9. You must run the E-Verify case as soon as the system is back online.
Q3: Will CBP let me into the U.S. at the airport during a shutdown? Yes. CBP officers at ports of entry are considered "essential" personnel. They will be on duty. As long as you have a valid visa and a legitimate basis for entry, your inspection and admission process should proceed as normal.
Q4: My visa interview at an embassy was canceled. Will I get a refund for my MRV fee? No. The Machine Readable Visa (MRV) fee is generally non-refundable. The embassy will not refund you, but they will allow you to reschedule your appointment at no additional cost once services resume.
Q5: Will my non-detained immigration court date be rescheduled? Yes. The Executive Office for Immigration Review (EOIR) is funded by Congress. In a shutdown, all non-detained hearings are canceled. You will receive a notice in the mail (eventually) with a new hearing date, which will likely be months or even years in the future. You must continue to ensure the court has your correct mailing address.
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