• 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

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

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

The J-1 Research Scholar Visa: An Underutilized Pathway for Employers to Retain Global Research Talent

Center for Strategy and Applied Insights Senior Director Leah Rogal examines how employers can use the J-1 Research Scholar visa to retain eligible global research talent, support long-term research initiatives and strengthen workforce and immigration planning.

Learn more

Blog post

Twenty Years Forward: What the Middle East Reveals About the Future of Global Mobility

In this blog, Middle East and Africa Private Client Practice Director Nofi Mojidi-Bayna explores how evolving residency frameworks across the region are reshaping long-term mobility planning and examines the three global forces transforming immigration strategy for businesses, investors and internationally mobile families.

Learn more

Blog post

UK Launches Visa Fees Reimbursement Scheme for Scale Ups Hiring Global Talent

In this blog, Associate Halil Kaya outlines the UK Visa Fees Reimbursement Scheme for Scale Ups, including eligibility requirements, available funding and key considerations for high-growth businesses recruiting international talent.

Learn more

Media mentions

The PIE: Canada Fraud Case Exposes “Acute” Sector Integrity Issues

Partner Jack Kim discusses how fraud has shaped Canada's international student reforms and ongoing integrity efforts.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Julia Manacher and Stephanie Weaver examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

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

The J-1 Research Scholar Visa: An Underutilized Pathway for Employers to Retain Global Research Talent

Center for Strategy and Applied Insights Senior Director Leah Rogal examines how employers can use the J-1 Research Scholar visa to retain eligible global research talent, support long-term research initiatives and strengthen workforce and immigration planning.

Learn more

Blog post

Twenty Years Forward: What the Middle East Reveals About the Future of Global Mobility

In this blog, Middle East and Africa Private Client Practice Director Nofi Mojidi-Bayna explores how evolving residency frameworks across the region are reshaping long-term mobility planning and examines the three global forces transforming immigration strategy for businesses, investors and internationally mobile families.

Learn more

Blog post

UK Launches Visa Fees Reimbursement Scheme for Scale Ups Hiring Global Talent

In this blog, Associate Halil Kaya outlines the UK Visa Fees Reimbursement Scheme for Scale Ups, including eligibility requirements, available funding and key considerations for high-growth businesses recruiting international talent.

Learn more

Media mentions

The PIE: Canada Fraud Case Exposes “Acute” Sector Integrity Issues

Partner Jack Kim discusses how fraud has shaped Canada's international student reforms and ongoing integrity efforts.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Julia Manacher and Stephanie Weaver examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

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 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

  • 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
  • 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
Important Updates
Important Updates
July 21, 2026 | PolandGazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka
July 22, 2026 | United StatesBusiness Insider: 3 Lawyers React to Trump's New Limits on Student Visas
July 22, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
July 22, 2026 | 🌐Middle East: Latest Situation Update
July 22, 2026 | United StatesUnited States: District Court Issues Emergency Order Related to TPS Employment Authorization and Annual Asylum Fee
July 21, 2026 | PolandGazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka
July 22, 2026 | United StatesBusiness Insider: 3 Lawyers React to Trump's New Limits on Student Visas
July 22, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
July 22, 2026 | 🌐Middle East: Latest Situation Update
July 22, 2026 | United StatesUnited States: District Court Issues Emergency Order Related to TPS Employment Authorization and Annual Asylum Fee
July 21, 2026 | PolandGazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka
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.