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As debate over the FY 2016 federal budget intensifies, employers should prepare for a possible government shutdown and the suspension or delay of some immigration services if Congress cannot reach agreement or pass a temporary funding measure by September 30.
Immigration functions that are essential or funded by user fees – including border operations and application processing at USCIS and U.S. consulates – would likely continue, though delays would be possible. Non-essential functions would be suspended throughout a shutdown. This would include PERM, labor condition application (LCA) and prevailing wage operations at the Department of Labor.
A federal shutdown is by no means certain, but employers should work with their Fragomen professionals and take precautions now to minimize its potential impact. If a shutdown were to occur, immigration operations would likely be handled as follows, based on how these issues were managed during the 2013 shutdown.
Department of Labor
In the event of a shutdown, DOL’s Office of Foreign Labor Certification would suspend all operations. No PERM applications, LCAs, prevailing wage requests or applications for temporary labor certification would be processed. Online application systems would not accept PERM, LCA or prevailing wage applications. The agency would also be unable to process PERM audit responses or other submissions by mail.
Employers who have an imminent need for LCAs should consider filing now so that an LCA can be in hand before October 1. This is particularly critical for H-1B, E-3 and H-1B1 employees who will need an extension of stay filed on their behalf in the coming weeks. Employers should consider filing multislot LCAs where there is a genuine need for more than one worker in an occupation at a specific worksite. Multislot LCAs can provide greater flexibility to respond to time-sensitive H-1B needs, such as the relocation of H-1B employees to new worksites and the onboarding of new hires porting from H-1B employment with another organization.
Employers with PERM filing or audit due dates in October should discuss options with their Fragomen team. DOL could offer an accommodation to those with deadlines that fall during a shutdown, but would probably not provide information on grace periods until after its operations resumed.
U.S. Citizenship and Immigration Services
USCIS should continue to process applications and petitions for immigration benefits during a shutdown, though processing delays could occur. Because DOL LCA operations would be suspended, employers planning to file H-1B, E-3 and H-1B1 extensions – for which a DOL-certified LCA is required – may be affected. In the past, USCIS has temporarily accepted extensions without a certified LCA in some circumstances, but such an accommodation cannot be guaranteed. Therefore, employers should identify extension needs and file LCAs as soon as possible, as discussed above.
The E-Verify system would not accept or process employment verification queries during a shutdown.
USCIS’s SAVE system, which is used by government agencies to verify the immigration status of applicants for benefits, could be affected by a shutdown. If SAVE is suspended, foreign nationals applying for driver’s licenses and other state or federal benefits could experience delays.
Department of State
DOS should process visa applications as long as filing fees remain available to fund consular operations. However, if a shutdown is lengthy and fee funding is depleted, the agency could suspend visa processing or limit it to emergency cases only. Foreign nationals who will need a new visa in the coming weeks should consider submitting their application early, if permitted by the relevant consulate.
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
The Social Security Administration would not process applications for Social Security numbers or replacement cards during a shutdown.
Fragomen is closely monitoring the federal budget debate and will provide updated information as developments occur.
Country / Territory
Related offices
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
- Fragomen in Phoenix, AZ
- Fragomen in San Diego, CA
- Fragomen in San Francisco, CA
- Fragomen in Silicon Valley, CA
- Fragomen in Detroit, MI
- Fragomen in Washington, DC
Related offices
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
- Fragomen in Phoenix, AZ
- Fragomen in San Diego, CA
- Fragomen in San Francisco, CA
- Fragomen in Silicon Valley, CA
- Fragomen in Detroit, MI
- Fragomen in Washington, DC
Related offices
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
- Fragomen in Phoenix, AZ
- Fragomen in San Diego, CA
- Fragomen in San Francisco, CA
- Fragomen in Silicon Valley, CA
- Fragomen in Detroit, MI
- Fragomen in Washington, DC
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Media mentions
Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.
Blog post
Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.
Media mentions
Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.
Blog post
Video
In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.
Media mentions
Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.
Video
In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.
Blog post
Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.
Media mentions
Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.
Blog post
Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.
Video
With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.
Media mentions
Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.
