Important Updates
Important Updates
January 29, 2026 | DenmarkDenmark: Positive Lists Updated
February 2, 2026 | European UnionEuropean Union: EU Issues Visa Strategy, Migration Strategy, and Innovative Talent Attraction Recommendations
February 2, 2026 | United KingdomFragomen's Immigration Guide for the UK Tech Sector
January 30, 2026 | 🌐Minimum Salary Changes Announced
January 30, 2026 | United StatesUnited States: USCIS Announces H-1B Cap Registration Schedule for FY 2027
January 29, 2026 | DenmarkDenmark: Positive Lists Updated
February 2, 2026 | European UnionEuropean Union: EU Issues Visa Strategy, Migration Strategy, and Innovative Talent Attraction Recommendations
February 2, 2026 | United KingdomFragomen's Immigration Guide for the UK Tech Sector
January 30, 2026 | 🌐Minimum Salary Changes Announced
January 30, 2026 | United StatesUnited States: USCIS Announces H-1B Cap Registration Schedule for FY 2027
January 29, 2026 | DenmarkDenmark: Positive Lists Updated
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

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

What UK Immigration Changes Mean for Tech Employers in 2026

Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.

Learn more

Blog post

Future-Proof Your Status: Why Applying Early for Singapore PR Makes Sense Now

Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.

Learn more

Blog post

British and Irish Dual Nationals: UK ETA Rules and Passport Requirements

UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.

Learn more

Media mentions

Le Monde: La moitié des nouveaux arrivants en France sont étudiants ou réfugiés

Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.

Learn more

Video

Costa Rica Visa Options Explained: Which Residency Path Is Right for You?

Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.

Learn more

Awards

Nadine Goldfoot and David Crawford recognized in Uglobal Immigration Magazine’s Top 25 Global Migration Attorneys list

Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.

Learn more

Media mentions

Gazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków

Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.

Learn more

Blog post

UK Earned Settlement Consultation and Indefinite Leave to Remain Changes - The Impact on the Aviation Sector 

Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.

Learn more

Fragomen news

Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030Learn more

Media mentions

New York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices

Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.

Learn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

What UK Immigration Changes Mean for Tech Employers in 2026

Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.

Learn more

Blog post

Future-Proof Your Status: Why Applying Early for Singapore PR Makes Sense Now

Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.

Learn more

Blog post

British and Irish Dual Nationals: UK ETA Rules and Passport Requirements

UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.

Learn more

Media mentions

Le Monde: La moitié des nouveaux arrivants en France sont étudiants ou réfugiés

Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.

Learn more

Video

Costa Rica Visa Options Explained: Which Residency Path Is Right for You?

Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.

Learn more

Awards

Nadine Goldfoot and David Crawford recognized in Uglobal Immigration Magazine’s Top 25 Global Migration Attorneys list

Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.

Learn more

Media mentions

Gazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków

Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.

Learn more

Blog post

UK Earned Settlement Consultation and Indefinite Leave to Remain Changes - The Impact on the Aviation Sector 

Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.

Learn more

Fragomen news

Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030Learn more

Media mentions

New York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices

Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.

Learn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

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.