• Insights

Preparing for a Possible Federal Government Shutdown

September 18, 2015

insight-news-default

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

United States

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.

© 2015 Fragomen

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Fragomen in Miami, FL
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

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 Stephanie D. Weaver and Julia Manacher 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

Blog post

Separating Fact and Fiction: Debunking Myths in German Citizenship Law

Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.

Learn more

Awards

Fragomen Professionals Named 2026 TLC Lions Human Awards Americas Finalists

Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

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 Stephanie D. Weaver and Julia Manacher 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

Blog post

Separating Fact and Fiction: Debunking Myths in German Citizenship Law

Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.

Learn more

Awards

Fragomen Professionals Named 2026 TLC Lions Human Awards Americas Finalists

Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

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 14, 2026 | GermanyMarkt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro
July 15, 2026 | 🌐Minimum Salary Changes Announced
July 15, 2026 | United KingdomUnited Kingdom: India Young Professional Scheme Ballot to Open Shortly
July 15, 2026 | United StatesUnited States: CDC Extends Entry Ban to August 12 for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan
July 14, 2026 | Ireland Ireland: Temporary Residence Permission Renewal Measures Extended Amid Processing Delays
July 14, 2026 | GermanyMarkt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro
July 15, 2026 | 🌐Minimum Salary Changes Announced
July 15, 2026 | United KingdomUnited Kingdom: India Young Professional Scheme Ballot to Open Shortly
July 15, 2026 | United StatesUnited States: CDC Extends Entry Ban to August 12 for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan
July 14, 2026 | Ireland Ireland: Temporary Residence Permission Renewal Measures Extended Amid Processing Delays
July 14, 2026 | GermanyMarkt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro
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.