Important Updates
Important Updates
October 27, 2025 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
October 28, 2025 | United KingdomArts Professional: How Easy Is It for Overseas Creatives to Work in the UK?
October 28, 2025 | Saudi ArabiaSaudi Arabia: More Restrictive Contract Rules Implemented 
October 27, 2025 | ChinaChina: Shanghai Launches New Overseas Talent Residence Permit
October 27, 2025 | PolandGazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany
October 27, 2025 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
October 28, 2025 | United KingdomArts Professional: How Easy Is It for Overseas Creatives to Work in the UK?
October 28, 2025 | Saudi ArabiaSaudi Arabia: More Restrictive Contract Rules Implemented 
October 27, 2025 | ChinaChina: Shanghai Launches New Overseas Talent Residence Permit
October 27, 2025 | PolandGazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany
October 27, 2025 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Immigration Impact of Potential Partial Government Shutdown

December 18, 2018

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • If a partial government shutdown occurs after December 21, immigration benefits processing at DOL, USCIS, CBP and U.S. consulates should continue.
  • E-Verify, EB-5 Regional Center, and some other USCIS immigration programs would expire if Congress fails to reach a budget agreement in time.

The situation

As FY 2019 budget negotiations continue, a partial federal government shutdown remains possible if a spending agreement is not reached by midnight on December 21.  Though much of the government has been funded for the coming fiscal year, some agencies, including the Department of Homeland Security (DHS) and the Department of State, are operating on short-term appropriations.  Ongoing DHS budget negotiations have included debate on the funding of a southern border wall.

Though a shutdown is by no means certain, full-funding appropriations bills, including for DHS, are being actively negotiated, and an extension of existing short-term funding could occur. However, should there be a partial shutdown, the following is the expected impact on immigration operations based on the outcome of prior shutdowns in previous years. Fragomen will provide updates on ongoing developments.

Department of Labor: DOL would not be affected by a shutdown, since Congress has already passed appropriations legislation to fund the agency’s operations for FY 2019.  Processing of labor condition applications (LCAs), labor certifications and prevailing wage determinations should continue.

U.S. Citizenship and Immigration Services: As a fee-funded agency, USCIS would continue to process applications and petitions for immigration benefits, but processing delays could occur if adjudication of a case is dependent on support from government functions that are suspended – for example, a security clearance from an agency that is affected by the shutdown. Appointments at USCIS local offices and Application Support Centers should not be affected by the shutdown. 

Department of State: Though FY 2019 funding for DOS has not yet been decided, U.S. consulates should continue to process visa applications as long as filing fees remain available to fund consular operations. If a shutdown is lengthy and fee funding is depleted, the agency could suspend visa processing or limit it to emergency cases only. Passport services would continue, though some passport offices could be affected if they are located in federal buildings that are closed due to a shutdown.

Customs and Border Protection: As essential functions, inspection operations at U.S. borders and ports of entry should continue. CBP would continue to process immigration applications at the border.

Immigration and Customs Enforcement: ICE enforcement activities and operations of the Student and Exchange Visitor Information System (SEVIS) would continue as essential functions.

E-Verify: Congressional authorization for E-Verify will expire if no extension legislation is passed.  Employers would not be able to initiate E-Verify queries or resolve tentative non-confirmations, and would not be expected to meet the usual E-Verify deadlines until the program is reauthorized. However, employers must not take any adverse action against an employee whose employment eligibility verification cannot be confirmed in E-Verify due to the shutdown. All employers would remain subject to Form I-9 obligations and deadlines as usual.

EB-5 Regional Center and Other Expiring Immigration Programs: Congressional authorization for the EB-5 Regional Center, Conrad 30 and Non-Minister Religious Worker programs will also expire unless extension legislation is passed by December 21.  USCIS and U.S. consulates would not accept permanent residence applications under the EB-5 Regional Center Program or the Non-Minister Religious Worker Program until they are reauthorized by Congress. Until the Conrad 30 program is reauthorized, DOS and USCIS would not consider waiver applications from J-1 foreign physicians who have received a recommendation from their state of employment for a waiver of the two-year home residency requirement.

Social Security Administration: SSA should continue to process applications for Social Security Numbers or replacement cards during a shutdown.

SAVE System: SAVE -- the USCIS database used by federal and state agencies to verify an applicant’s immigration status when processing applications for benefits -- would remain in operation.

This alert is for informational purposes only. If you have any questions about the effect of the shutdown on your organization, please contact your designated Fragomen representative.
 

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.