Important Updates
Important Updates
February 13, 2026 | United StatesUnited States: Temporary Funding for DHS Could Lapse After Midnight, Though Immigration Benefits Processing Would Continue
February 16, 2026 | CanadaBuffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near
February 13, 2026 | South AfricaSouth Africa: Electronic Travel Authorization Requirement Updates
February 13, 2026 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
February 13, 2026 | United StatesTimes of India: The 2027 H-1B Season: Revised Strategies for Sponsoring Employers and Implications for Aspirants
February 13, 2026 | United StatesUnited States: Temporary Funding for DHS Could Lapse After Midnight, Though Immigration Benefits Processing Would Continue
February 16, 2026 | CanadaBuffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near
February 13, 2026 | South AfricaSouth Africa: Electronic Travel Authorization Requirement Updates
February 13, 2026 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
February 13, 2026 | United StatesTimes of India: The 2027 H-1B Season: Revised Strategies for Sponsoring Employers and Implications for Aspirants
February 13, 2026 | United StatesUnited States: Temporary Funding for DHS Could Lapse After Midnight, Though Immigration Benefits Processing Would Continue
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

Partial Federal Shutdown Imminent; Immigration Benefits Processing Largely Continues

December 21, 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

  • E-Verify, the EB-5 Regional Center program and two other immigration programs are set to expire after midnight tonight as a result of the impasse over the FY 2019 federal budget. 
  • Immigration benefit processing at USCIS and U.S. consulates will continue because those functions are supported by application fees, but delays are possible.
  • Labor certification and labor condition application functions will not be affected because the Department of Labor has been fully funded for FY 2019.
  • Budget negotiations are expected to continue this weekend.

A closer look

Though Congress and the White House have agreed to continue negotiations in an attempt to resolve an impasse over the FY 2019 budget, the House and Senate have adjourned for the evening, meaning a partial government shutdown is set to occur after midnight.  Budget negotiations are expected to continue this weekend.

In the wake of the partial shutdown, immigration functions should remain largely in operation, with some exceptions, as described below. 

Program expirations

Congressional authorization for the following immigration programs will expire after midnight tonight:

  • E-Verify;
  • The EB-5 Regional Center Program;
  • The EB-4 Non-Minister Religious Worker Program; and
  • The Conrad 30 Program.

USCIS processing

USCIS immigration benefits processing will continue since that function is largely funded by filing  fees. Employers and foreign nationals may continue to submit most types of petitions and applications, including petitions for immigrant and nonimmigrant workers and applications for adjustment of status. However, USCIS will not process EB-5 Regional Center Program petitions or applications until that expiring program has been reauthorized by Congress. Similarly, until the Conrad 30 program has been reauthorized, USCIS will not consider waiver applications from J-1 physicians  who have received a recommendation from their state of employment for a waiver of the two-year home residency requirement.

Visa processing at U.S. consulates

Processing of nonimmigrant and most immigrant visas at U.S. consulates will continue as long as filing fees remain available to fund consular operations. If a shutdown is lengthy and fee funds are depleted, visa processing could be delayed or limited to urgent medical or humanitarian cases only.

However, U.S. consulates will not process EB-5 Regional Center Program applications until that expiringprogram has been reauthorized by Congress.  

Department of Labor immigration functions

The processing of labor certifications, labor condition applications and prevailing wage determinations will continue as usual, because Congress has passed appropriations legislation to fund DOL operations for FY 2019.

Border operations

Inspection functions at U.S. borders and ports of entry will remain in operation as essential functions. U.S. Customs and Border Protection will continue to process immigration applications at the border.

Immigration enforcement

U.S. Immigration and Customs Enforcement will continue to perform its enforcement activities and to operate the Student and Exchange Visitor Information System (SEVIS).

E-Verify

The E-Verify program will expire after midnight. Employers will not be able to initiate E-Verify queries or resolve tentative nonconfirmations, and will not be expected to meet the usual E-Verify deadlines until the program is reauthorized by Congress. In the interim, 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 remain subject to the same I-9 obligations. The expiration of the E-Verify program does not affect the deadlines that are applicable to Form I-9 completion.

U.S. passport processing

Passport agencies will continue operating in the U.S. as long as sufficient fees remain available for operations. However, if a passport agency is located in a government building affected by the lapse in appropriations, that facility may become unavailable.

Other government benefits

The Social Security Administration will continue to accept and process applications for Social Security numbers and replacement cards.

The SAVE system will continue operating. SAVE is the federal database used by government agencies – including State Departments of Motor Vehicles – to verify the immigration status of foreign nationals applying for benefits. Though foreign nationals could experience delays in driver's license applications and renewals for other reasons related to the shutdown, SAVE verifications should not be affected.

Fragomen will provide continuing updates on the immigration impact of the shutdown and budget negotiations.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Blog post

Time to Act: Three Key Questions for Employers Ahead of March 1 Remuneration Increases for Employment Permits in Ireland

Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland. 

Learn more

Video

Global Entry | #MobilityMinute

Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.

Learn more

Video

London Fashion Week 2026

Manager Russell Hodges and Associate Gurpreet Phalora explain key UK immigration considerations for London Fashion Week 2026.

Learn more

Advisory services

The EU Blue Card Recast Through the Employer Lens

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm explore the EU Blue Card recast and its impact for employers, highlighting how hiring, retention and mobility decisions are affected. 

Learn more

Media mentions

Times of India: The 2027 H-1B Season: Revised Strategies for Sponsoring Employers and Implications for Aspirants

Partner James Pack on US H‑1B updates and what employers should know for the upcoming lottery.

Learn more

Immigration analysis

Applying for Swiss Citizenship: When Timing and Eligibility Matter

Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused. 

Learn more

Media mentions

CNN: These Americans Are Clinging to Hope for Italian Citizenship

Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.

Learn more

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Media mentions

Games Industry: Tightening Immigration Rules Will Impact the Games Industry in 2026

Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.

Learn more

Media mentions

Global Mobility Lawyer: Talent Fault Line: How Modern Risks Are Reshaping Global Mobility

Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.

Learn more

Video

Ireland Employment Permit Salaries: Hiring and Renewal Risks for Employers

Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.

Learn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Blog post

Time to Act: Three Key Questions for Employers Ahead of March 1 Remuneration Increases for Employment Permits in Ireland

Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland. 

Learn more

Video

Global Entry | #MobilityMinute

Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.

Learn more

Video

London Fashion Week 2026

Manager Russell Hodges and Associate Gurpreet Phalora explain key UK immigration considerations for London Fashion Week 2026.

Learn more

Advisory services

The EU Blue Card Recast Through the Employer Lens

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm explore the EU Blue Card recast and its impact for employers, highlighting how hiring, retention and mobility decisions are affected. 

Learn more

Media mentions

Times of India: The 2027 H-1B Season: Revised Strategies for Sponsoring Employers and Implications for Aspirants

Partner James Pack on US H‑1B updates and what employers should know for the upcoming lottery.

Learn more

Immigration analysis

Applying for Swiss Citizenship: When Timing and Eligibility Matter

Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused. 

Learn more

Media mentions

CNN: These Americans Are Clinging to Hope for Italian Citizenship

Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.

Learn more

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Media mentions

Games Industry: Tightening Immigration Rules Will Impact the Games Industry in 2026

Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.

Learn more

Media mentions

Global Mobility Lawyer: Talent Fault Line: How Modern Risks Are Reshaping Global Mobility

Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.

Learn more

Video

Ireland Employment Permit Salaries: Hiring and Renewal Risks for Employers

Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.

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

© 2026 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.