• Insights

Reminder - Preparing for a Possible Federal Shutdown

January 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 Congress is unable to pass a spending bill or stopgap measure by Friday, January 19:

  • Immigration functions at the Department of Labor would be completely suspended;

  • USCIS and State Department application processing would continue but could be delayed;

  • E-Verify, the EB-5 Regional Center program and other immigration programs would expire if they are not reauthorized or temporarily extended by the deadline.


     

The situation

Debate over the FY 2018 budget and relief for DACA beneficiaries has intensified in Washington, increasing the possibility of a federal government shutdown and the suspension or delay of some immigration functions if a spending agreement or stopgap measure cannot be reached by January 19.

The January 19 deadline also affects several expiring immigration programs, including E-Verify and the EB-5 Regional Center permanent residence program for foreign investors. The statutory authority for these programs will expire if Congress does not reauthorize or temporarily extend them by the deadline.


Federal immigration functions during a shutdown

Immigration operations would likely be affected as follows in the event of a shutdown:

Department of Labor: Foreign labor certification services are likely to be suspended as non-essential functions. Online application systems would be taken offline. No PERM applications, labor condition applications (LCAs), prevailing wage determination requests (PWDRs) or applications for H-2A/H-2B temporary labor certification could be filed online or processed.

U.S. Citizenship & Immigration Services: USCIS should continue to process applications and petitions for immigration benefits during a government shutdown, though processing delays could occur if adjudication of the 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. Because DOL LCA operations would be suspended, employers planning H-1B, E-3 or H-1B1 extensions or changes of employer - for which a DOL-certified LCA is required - may be unable to file if they do not already have an LCA in hand.

Department of State: DOS 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.

Customs and Border Protection: Inspection functions at U.S. borders and ports of entry would remain in operation. CBP would likely process immigration applications at the border, such as applications for initial TN or blanket L status submitted by Canadian nationals.

Social Security Administration: SSA would not process applications for Social Security Numbers or replacement cards during a shutdown. This could delay an individual’s ability to obtain benefits and services for which an SSN is required, such as driver’s licenses and bank accounts.

SAVE System: SAVE is the database used by government agencies – including state motor vehicle departments – to verify an applicant’s immigration status when processing applications for benefits.  SAVE would remain in operation during a shutdown.

Impact on expiring immigration programs

Unless reauthorized or temporarily extended by January 19, the following immigration programs will expire:

  • E-Verify: Employers who participate in E-Verify would not be able to submit employment verification queries or resolve tentative nonconfirmations. However, employers would still be subject to Form I-9 obligations.
  • EB-5 Regional Center Program: The government would cease to accepting filings under the EB-5 Regional Center program.
  • Conrad 30 and Non-Minister Religious Worker Programs: The government would cease accepting applications under the Conrad 30 waiver program for foreign medical graduates who will work in underserved areas of the United States and permanent residence filings under the Special Immigrant Non-Minister Religious Worker program.

 

Fragomen is closely following the appropriations debate and will issue further client alerts as developments occur. 

 

 

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

Dubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends

Partner Ali Haider discusses immigration trends, visa appointments and the UAE’s continued efforts to attract global talent and investment.

Learn more

Blog post

Expanded Right-To-Work Scheme 2026: What UK Airlines and Aviation Contractors Need to Know

In their latest blog, Manager Adam Hickling and Immigration Consultant Daisy Dale examine the proposed changes, airline-specific risk scenarios and the practical steps organisations should consider before October.

Learn more

Fragomen news

Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security

Fragomen and SICPA’s digital identity joint venture expands its capabilities through a strategic collaboration with IDEMIA Public Security.

Learn more

Fragomen news

2026 年8月米国移民法ダイジェスト Learn more
Generic Insights

Blog post

APAC Immigration Landscape: Governments Are Using Immigration Policy to Advance National Priorities

In a new blog accompanying our Regional Immigration Overviews, Partner Kenneth Lau explores the key trends shaping the APAC immigration landscape and what they could mean for employers planning their global workforce strategies.

Learn more

Video

Brazil’s Private Investor Visa: What You Need to Know

Partner Diana Quintas outlines key requirements and considerations for Brazil’s Private Investor Visa, including investment thresholds, documentation and the application process.

Learn more

Blog post

Global Talent Visa Expansion: What the Expanded UKRI Endorsed Funder List Means for the Creative Sector

In this blog, Senior Manager Sean Rhodes and Associate Miłosz Skorupski break down what has changed, who may benefit and what organizations should consider next following the UK government’s expansion of the Global Talent visa’s endorsed funder pathway.

Learn more

Media mentions

AIP: Trump Administration Proposes New Six-Figure H-1B Fee

Partner Bo Cooper discusses the potential impact of the proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.

Learn more
Generic Insights

Blog post

Luxury Retail’s Evolving Talent Needs: When Business-Critical Skills Don’t Fit Traditional Immigration Categories

In our latest blog, Canada Managing Partner Cosmina Morariu explores how aligning mobility with talent planning can help brands deploy critical expertise where it is needed.

Learn more

Podcast

Moving HQ to the Middle East: A Success Perspective with VEON - Beyond Borders Series | The Immigration Conversation

Partner Ali Haider and Director Shoaib Khaleeli speak with VEON Chief People Officer Jameel Asghar about leadership, future-ready talent, organisational resilience and VEON’s decision to relocate its headquarters to Dubai.

Learn more

Media mentions

Financial Times: Trump Administration Pauses Immigrant Visa Applications

Senior US Consular Manager Brian Simmons discusses the impact of the Trump administration’s worldwide pause on immigrant visa applications and the disruption caused by last-minute interview cancellations in the Financial Times.

Learn more

Blog post

Latin America’s Evolving Mobility Landscape: Opportunity and Complexity Advancing Together

Latin America and the Caribbean Managing Partner Leonor Echeverria explores how stronger compliance expectations, processing constraints and increasingly fragmented immigration policies are reshaping workforce mobility across the region—and where new pathways for specialized talent are emerging.

Learn more

Media mentions

Dubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends

Partner Ali Haider discusses immigration trends, visa appointments and the UAE’s continued efforts to attract global talent and investment.

Learn more

Blog post

Expanded Right-To-Work Scheme 2026: What UK Airlines and Aviation Contractors Need to Know

In their latest blog, Manager Adam Hickling and Immigration Consultant Daisy Dale examine the proposed changes, airline-specific risk scenarios and the practical steps organisations should consider before October.

Learn more

Fragomen news

Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security

Fragomen and SICPA’s digital identity joint venture expands its capabilities through a strategic collaboration with IDEMIA Public Security.

Learn more

Fragomen news

2026 年8月米国移民法ダイジェスト Learn more
Generic Insights

Blog post

APAC Immigration Landscape: Governments Are Using Immigration Policy to Advance National Priorities

In a new blog accompanying our Regional Immigration Overviews, Partner Kenneth Lau explores the key trends shaping the APAC immigration landscape and what they could mean for employers planning their global workforce strategies.

Learn more

Video

Brazil’s Private Investor Visa: What You Need to Know

Partner Diana Quintas outlines key requirements and considerations for Brazil’s Private Investor Visa, including investment thresholds, documentation and the application process.

Learn more

Blog post

Global Talent Visa Expansion: What the Expanded UKRI Endorsed Funder List Means for the Creative Sector

In this blog, Senior Manager Sean Rhodes and Associate Miłosz Skorupski break down what has changed, who may benefit and what organizations should consider next following the UK government’s expansion of the Global Talent visa’s endorsed funder pathway.

Learn more

Media mentions

AIP: Trump Administration Proposes New Six-Figure H-1B Fee

Partner Bo Cooper discusses the potential impact of the proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.

Learn more
Generic Insights

Blog post

Luxury Retail’s Evolving Talent Needs: When Business-Critical Skills Don’t Fit Traditional Immigration Categories

In our latest blog, Canada Managing Partner Cosmina Morariu explores how aligning mobility with talent planning can help brands deploy critical expertise where it is needed.

Learn more

Podcast

Moving HQ to the Middle East: A Success Perspective with VEON - Beyond Borders Series | The Immigration Conversation

Partner Ali Haider and Director Shoaib Khaleeli speak with VEON Chief People Officer Jameel Asghar about leadership, future-ready talent, organisational resilience and VEON’s decision to relocate its headquarters to Dubai.

Learn more

Media mentions

Financial Times: Trump Administration Pauses Immigrant Visa Applications

Senior US Consular Manager Brian Simmons discusses the impact of the Trump administration’s worldwide pause on immigrant visa applications and the disruption caused by last-minute interview cancellations in the Financial Times.

Learn more

Blog post

Latin America’s Evolving Mobility Landscape: Opportunity and Complexity Advancing Together

Latin America and the Caribbean Managing Partner Leonor Echeverria explores how stronger compliance expectations, processing constraints and increasingly fragmented immigration policies are reshaping workforce mobility across the region—and where new pathways for specialized talent are emerging.

Learn more
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • 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
Important Updates
Important Updates
September 1, 2026 | BrazilBrazil: Consular Temporary and Work Visa Issuance Digitalized for Applicants Exempt from Visitor Visa Requirements
September 2, 2026 | United Arab EmiratesDubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends
September 2, 2026 | 🌐Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security
September 2, 2026 | United StatesState Department to Resume Diversity Visa Issuance
September 1, 2026 | Japan, United States2026 年8月米国移民法ダイジェスト
September 1, 2026 | BrazilBrazil: Consular Temporary and Work Visa Issuance Digitalized for Applicants Exempt from Visitor Visa Requirements
September 2, 2026 | United Arab EmiratesDubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends
September 2, 2026 | 🌐Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security
September 2, 2026 | United StatesState Department to Resume Diversity Visa Issuance
September 1, 2026 | Japan, United States2026 年8月米国移民法ダイジェスト
September 1, 2026 | BrazilBrazil: Consular Temporary and Work Visa Issuance Digitalized for Applicants Exempt from Visitor Visa Requirements
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • 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.